As per the 26th Amendment of the Constitution 1973 Pakistan, the names of three senior most judges in Pakistan will be sent to a 12 parliamentary committee. The committee will consist of proportional representation on the committee based on their strength in Parliament.
The three senior most judges are Justice Mansoor Ali Shah, Justice Muneeb Akhtar & Justice Yahya Afridi.
It is unlikely that Justice Mansoor Ali Shah will make it to the top slot. There are three reasons. First the perception created by Imran Khan that Justice Mansoor Ali Shah is the key to resolve issues faced by him & his party. This was a great disservice to the revered Judge.
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The second reason was a sweeping judgement reference reserved seats in spite of glaring legal loopholes. The third reason is his letter to CJ Faiz Issa’s secretary demanding Justice Muneeb Akhtar in the committee that forms benches. Also, he will not sit in any committee where Justice Muneeb Akhtar is not present.
Justice Muneeb Akhtar was virtually charge sheeted by CJ in his response to Justice Mansoor Ali Shah that shoots down any possibility of his being elevated.
This brings us to Justice Yahya Afridi. He hails from K.P. An Aitchisonian, he is a non-partisan judge.
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One recent example of his judgement is his 26-page dissenting note on reserved seats. He had stated that Sunni Ittehad Council does not fulfill the Constitutional requirements thereby cannot be awarded the seats.
He also pointed out that PTI is a political party however, the case hearings started from June 6th and the application to be a party on June 26th. This is against the procedural code of conduct of the Supreme Court & thus denied.
He also asked ECP to revisit their notification & return within 7 days, a reviewed advice.
The opinion was based on legal points, acknowledging rights of PTI & denying rights to SIC where it did not exist, it was not based on emotions.
Likely chances are of Justice Yahya Afridi to be the next CJ of SC of Pakistan.
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The writer is a lawyer, academic and political analyst. She has authored a book titled ‘A Comparative Analysis of Media & Media Laws in Pakistan.’ She can be contacted at: yasmeenali62@gmail.com and tweets at @yasmeen_9
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