The newly formed Special Parliamentary Committee (SPC) nominated on Tuesday Supreme Court judge Justice Yahya Afridi – out of the three senior most judges of the apex court – to be the chief justice of Pakistan position. Incumbent CJP Qazi Faez Isa is scheduled to retire on October 25.
“With a two-third majority, Justice Yahya Afridi’s nomination has been sent to the prime minister,” Law Minister Azam Nazeer Tarar told reporters after the meeting.
The in-camera meeting was reconvened without PTI after Imran Khan’s party refused to budge from its position to not attend it despite efforts from other members.
Defence Minister Khawaja Asif said that two-third of the nine committee members present had decided in favour of Justice Afridi after a “very good discussion”.
While speaking in an interview on Geo News show Aaj Shahzeb Khanzada Kay Sath, he added that all three judges under consideration were “respectable individuals and hoped that any fissures in the judiciary would now come to an end.”
Members tried to placate Imran Khan’s party, which also boycotted the vote on the 26th Constitutional Amendment, to attend the meeting, but the PTI refused to budge from its position.
The meeting was scheduled to start at 4pm, however, it was delayed till 8:30pm after the PTI decided not to participate in it. The meeting started at 8:45pm, according to Aaj News correspondent.
Members of the committee include Khawaja Asif, Ahsan Iqbal, Shaista Pervaiz Malik, and Senator Azam Nazeer Tarar from the Pakistan Muslim League-Nawaz (PML-N); Raja Pervez Ashraf, Naveed Qamar, and Senator Farooq Hamid Naek from the Pakistan Peoples Party (PPP); Hamid Raza, Gohar Ali Khan, and Senator Ali Zafar from Sunni Ittehad Council (SIC); MNA Rana Ansar from the Muttahida Qaumi Movement-Pakistan; and Senator Kamran Murtaza from the Jamiat Ulema-i-Islam-Fazl.
Previously, senior puisne judge Justice Mansoor Ali Shah was expected to ascend to the role of CJP based on seniority. But the recently passed 26th Constitutional Amendment changed that rule and introduced Parliament’s role in the appointment process for the CJP.
According to the amendments made to clause 3 of Article 175A, instead of the president directly appointing the “most senior judge of the Supreme Court,” the new CJP will now be chosen based on recommendations from the SPC.
The next two senior judges in line for the CJP position after Justice Mansoor Ali Shah are justices Munib Akhtar and Yahya Afridi. According to the new clause 3C of Article 175A, the first nomination after the recent constitutional amendment must be submitted “within three days prior to the retirement” of the outgoing CJP.
This means the SPC must finalise its nomination by tonight as the incumbent CJP is set to retire on October 25.
National Assembly Speaker Ayaz Sadiq formed the SPC on Monday. It consists of eight members of the National Assembly and four senators, selected by their respective parliamentary leaders. The committee reflects the political party representation based on their strength in the House.
Tarar went on to add that the Constitution allows decisions to be made if eight members are present in the committee. Although the required number of members was present at the session, the proceedings were halted to allow PTI members to participate.
The law minister noted that the Constitution also specifies that if a vacancy remains unfilled—either due to a party’s failure to nominate a member or if a member does not attend the meeting—the committee’s proceedings should not be halted.
“The ideal approach would be to bring them into the committee,” Law Minister Azam Nazeer Tarar told reporters at the Parliament House and suggested that each party should send one committee member to engage with the opposition members.
Upon arrival for the meeting, PPP’s shraf did not respond to reporters’ questions while JUI-F Senator Murtaza mentioned that he had not yet received the names of the judges under consideration.
When asked if the committee would be able to decide the name tonight, Murtaza said: “God knows better.” PML-N’s Ahsan Iqbal was of the view that it was too early to comment on any name.
Sources told Aaj News that JUI-F chief Maulana Fazlur Rehman also contacted PTI leader Asad Qaiser, requesting his participation in the special committee meeting, to which the PTI leader asked for some time.
Subsequently, SIC lawmaker Gohar Al Khan and JUI-F Senator Kamran Murtaza met with Speaker Ayaz Sadiq in his chamber where both Sadiq and Murtaza urged Gohar to end the boycott of the parliamentary committee. Rana Ansar and Ahsan Iqbal were also present in the speaker’s chamber, while Leader of the Opposition in NA Omar Ayub did not attend despite the speaker’s request.
Ultimately, negotiations between the government and PTI failed, with Gohar stating that they do not recognise the constitutional amendment, insisting that the PTI’s political committee decision is “final.”
“We neither accept the constitutional amendment nor we accept the Special Parliamentary Committee,” SIC lawmaker Gohar Ali Khan said and refused to participate in the meeting.
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Iqbal expressed optimism that a decision on the next CJP would be reached today, clarifying that no name had been “predecided” and discussions would take place during the meeting.
He also quoted Greek philosopher Socrates on social media, emphasising the qualities of a good judge: “Four things belong to a judge: to listen courteously, to answer wisely, to consider soberly, and to decide impartially.”
None of the committee members from the PTI attended the meeting. PTI Central Information Secretary Waqas Akram announced on social media that the party’s political committee opted not to participate in the proceedings.
PTI leader Zulfi Bukhari stated that the party would not participate in any parliamentary committee, asserting that both the amendments and the way they were enacted were “illegal.”
In a social media post, he said: “Why would we legitimise them and be part of this mafia that is destroying the independence of our judiciary?”
According to the amendment, the committee is tasked with sending its nominee’s name to Prime Minister Shehbaz Sharif, who will then forward it to President Asif Ali Zardari for appointment.
The Karachi Bar Association has criticised the “non-transparent and hasty manner” in which the amendment was passed, arguing that there was “no valid reason to overlook” Justice Mansoor Ali Shah for the role of CJP.
Lawyer leaders have pledged to initiate a protest movement against the amendment, reminiscent of the demonstrations held in 2007.
