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Updated 19 Oct, 2024 11:24am

Justice Yahya to be next CJP if constitutional amendment passed, report claims

Justice Yahya Afridi is likely to be appointed as the next Chief Justice of Pakistan if the constitutional package, approved unanimously by the parliamentary committee on Friday, is passed by parliament.

A report in The News has claimed that should the constitutional amendment package be approved, Justice Afridi will be the preferred candidate for the role following the retirement of the current Chief Justice, Qazi Faez Isa. The other senior judges under consideration for the position are Justice Mansoor Ali Shah and Justice Munib Akhtar. Notably, Justice Afridi has maintained a neutral and non-controversial stance amid recent divisions within the Supreme Court.

The proposed constitutional changes outline that the Chief Justice of Pakistan will be appointed based on recommendations from a Special Parliamentary Committee, which will select from the three most senior judges of the Supreme Court. This committee will forward its nominee to the Prime Minister, who will then present it to the President for appointment. If the first nominee declines, the next most senior judge will be considered, and this process will continue until a Chief Justice is appointed.

Additionally, the proposed package details the formation of the committee, ensuring a majority from the treasury benches. The committee will consist of twelve members: eight from the National Assembly and four from the Senate. If the National Assembly is dissolved, the committee will comprise only Senate members.

Regarding political party representation, the package states that each party will have proportional representation on the committee based on their strength in parliament, with nominations made by their respective leaders. The Chairman and Speaker of the National Assembly will notify the committee members.

The package also stipulates that the committee must send its nomination to the Prime Minister within fourteen days before the Chief Justice’s retirement. However, the first nomination following the passage of the 26th Constitutional Amendment must be submitted within three days of the Chief Justice’s retirement.

Finally, the package clarifies that no actions or decisions made by the commission or committee will be deemed invalid due to the absence of a member or a vacancy within the group.

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