ISLAMABAD: In a significant development for Pakistan’s judiciary, President Asif Ali Zardari has appointed Justice Yahya Afridi as the new Chief Justice of Pakistan. Afridi will officially take over from the incumbent Chief Justice, Qazi Faez Isa, beginning October 26. This appointment marks a pivotal moment in the nation’s legal landscape.
Historic Nomination Process
Justice Afridi’s nomination was facilitated by the Special Parliamentary Committee, a groundbreaking initiative in Pakistan’s history. For the first time, this committee was established to recommend the chief justice. It operated under the new guidelines set forth by the recently enacted 26th Constitutional Amendment Bill.
This amendment allows for the chief justice to be appointed based on a recommendation from the Special Parliamentary Committee, which must achieve a two-thirds majority from among the three most senior judges of the Supreme Court. The committee’s recommendation for Justice Afridi was sent to Prime Minister Shehbaz Sharif and subsequently approved by the president.
Political Dynamics
The committee includes representatives from all political parties in Parliament. This collaboration spans both the opposition and treasury benches. However, notable opposition party Pakistan Tehreek-e-Insaf (PTI) chose not to participate in the committee’s proceedings.
Last week, the ruling coalition successfully passed controversial judicial reforms in Parliament, garnering substantial support with 225 votes in the lower house and 65 in the upper house. These reforms, opposed by the PTI, have been criticized as an infringement on judicial independence. The PTI has vowed to repeal the legislation should they return to power and has also rejected the nomination of Justice Afridi, planning to launch a protest movement against the committee’s decision.
A Closer Look at Justice Yahya Afridi
Justice Yahya Afridi was born on January 23, 1965, in Dera Ismail Khan. He belongs to the Adam Khel section of the Afridi tribe and is a resident of Village Babari Banda in District Kohat. Afridi comes from a family with a strong tradition of public service.
He received his early education at Aitchison College in Lahore. He went on to earn a Bachelor of Arts in Political Science and Economics from Government College Lahore, followed by a Master of Arts in Economics from Punjab University, Lahore.
In pursuit of further education, Justice Afridi was awarded a Commonwealth Scholarship to complete his LLM at Jesus College, University of Cambridge. He also participated in a scholarship program for Young Commonwealth Lawyers at the Institute of Legal Studies in London.
Legal Career and Judicial Ascendancy
Justice Afridi began his legal career with private practice in Peshawar. He also lectured at Khyber Law College at the University of Peshawar, where he taught subjects like International Law, Labour Law, and Administrative Law.
He was enrolled as an advocate of the High Court in 1990 and later became an advocate of the Supreme Court in 2004. His legal career included roles as Assistant Advocate General for Khyber Pakhtunkhwa and Federal Counsel for the Government of Pakistan.
Afridi was elevated to the Peshawar High Court as an Additional Judge in 2010 and confirmed as a High Court judge on March 15, 2012. He made history in 2016 by becoming the first chief justice from the Federally Administered Tribal Area, serving until his elevation to the Supreme Court of Pakistan on June 28, 2018.
As Chief Justice, Yahya Afridi steps into a critical role at a time of significant judicial and political challenges in Pakistan. His leadership will undoubtedly shape the future of the country’s legal framework, especially amid ongoing debates regarding judicial independence and reform.
