Justice Yahya Afridi notified as next CJP

ISLAMABAD: President Asif Ali Zardari Wednesday appointed Justice Yahya Afridi as the next Chief Justice of Pakistan (CJP) for a period of three years, with effect from October 26, 2024.

The law and justice ministry notified the appointment of Justice Afridi as the CJP. The notification said, “In exercise of the powers conferred by clause (3) of Article 175 A, read with Article 177 and 179 of the Constitution of the Islamic Republic of Pakistan, the President of the Islamic Republic of Pakistan is pleased to appoint Justice Yahya Afridi, Judge of Supreme Court, as Chief Justice of Pakistan, for a term of three years with effect from 26-10-2024.”

President Zardari also approved October 26 as the date for administering the oath of office to Justice Yahya Afridi as the next CJP.

After issuance of the notification, CJP-designate Justice Afridi met incumbent Chief Justice Qazi Faez Isa and senior most judge Justice Mansoor Ali Shah in their chambers.

Sources said Justice Qazi Faez Isa and the chamber staff of Justice Mansoor Ali congratulated Justice Afridi on his appointment as the next chief justice of Pakistan.

Sources also said that in honour of the retiring chief justice of Pakistan, the most senior judge typically addresses a full court reference. However, it will be Justice Yahya Afridi who would speak at the full court reference for Justice Qazi Faez Isa, added the sources.

In a related development, Justice Mansoor Ali Shah, along with his family, would leave for Saudi Arabia on Thursday (today) for performing Umra. Thus, he would not be able to attend the full court reference, scheduled to be held on October 25, the retirement day of CJP Qazi Faez Isa.

Meanwhile, various lawyer bodies welcomed the appointment of Justice Yahya Afridi as the chief justice of Pakistan. Punjab Bar Council (PbBC) Vice Chairman Chaudhry Babar Waheed and Chairman Executive Committee Rao Fazlur Rehman Abid said the appointment of Justice Yahya Afridi as the CJP was a good omen. “It is hoped that he will set a high example for harmony between the bar and the bench,” they said in a joint statement on Wednesday.

“We heartily congratulate Justice Yahya Afridi on his nomination as Chief Justice of Pakistan and we hope that as the chief justice he will improve the relationship between bar and bench,” the statement added.

The Khyber Pakhtunkhwa Bar Council (KPBC) Wednesday welcomed the nomination of Justice Yahya Afridi as the chief justice of Pakistan. In a statement, KP Bar Council Vice Chairman Sadiq Ali Mohmand, Chairman of the Executive Committee Syed Taimur Ali Shah and other members described Justice Afridi as an impartial, non-political and unbiased figure.

The bar council expressed confidence that Justice Afridi would help strengthen the judiciary, uphold the rule of law and remove obstacles to the delivery of swift justice.

However, Balochistan lawyer bodies said they would not accept anyone other than Justice Mansoor Ali Shah, the senior-most judge of the Supreme Court, as the chief justice of Pakistan. They urged Justice Yahya Afridi not to accept the position of CJP, which they consider to be an illegal appointment.

A joint statement issued here on Wednesday by the Balochistan Bar Council, Pakistan Bar Council, Balochistan High Court Bar Association, High Court Bar Association Sibi, High Court Bar Association Kech Turbat, and Quetta Bar Association said the 26th Constitutional Amendment, which was previously rejected by lawyer organisations, civil society and the Human Rights Commission of Pakistan, was as an attack on judicial independence.

The statement highlighted that a nationwide lawyers convention had been held against these amendments. It further alleged that members of parliament were abducted and subjected to horse-trading, leading to unlawful amendments to the Constitution.

Separately, senior lawyer and Senator Hamid Khan urged Justice Yahya Afridi to reject the government’s offer to assume the office of chief justice early, advising him to wait for his “rightful turn”.

Speaking at a press conference at the Lahore High Court Bar Association on Wednesday, he said that accepting the position prematurely could damage Afridi’s reputation. “Yahya Afridi should wait for his turn and preserve his honour and name. The government’s offer is designed to create divisions within the judiciary,” Hamid said.

He called on lawyers across the country to observe October 25 as a “day of liberation” to mark the end of Qazi Faez Isa’s tenure. The press conference, attended by Lahore High Court Bar President Asad Manzoor Butt and other legal professionals, highlighted growing concerns within the legal fraternity on the recent constitutional amendment.