• SCBA, Sindh Bar Council stand by decision to appoint Justice Yahya Afridi
• Karachi bar, Balochistan lawyers, LHCBA warn of demonstrations in support of Justice Mansoor Ali Shah
• President okays new appointment, oath-taking to be held on Saturday

ISLAMABAD / LAHORE: With Justice Yahya Afridi set to take oath on Saturday as the chief justice of Pakistan, the legal community across the country remains divided, with some bodies warning the government that their opposition to the constitutional amendments could snowball into a full-fledged movement.

After the promulgation of the 26th Amendment, which allowed the government to shun the seniority principle for the CJP’s appointment, President Asif Ali Zardari on Wed­nesday notified the appoint­­ment of Justice Yahya Afridi as the incoming CJP.

A ceremony for the oath-taking of the new CJP will be held on Saturday at the Presidency, a day after the retirement of Justice Isa, where around 300 guests are likely to participate.

Soon after his appointment, Justice Afridi went to the chambers of the incumbent Chief Justice of Pakistan (CJP) Qazi Faez Isa, where the latter congratulated him on his selection as the next chief justice.

Later, Justice Syed Hassan Azhar Rizvi and Justice Shahid Waheed met Justice Afridi to congratulate him on his nomination. Attorney General for Pakistan (AGP) Mansoor Usman Awan also met the CJP and Justice Afridi on Wednesday.

On the other hand, Justice Isa, who is busy with chamber work, is set to retire on Oct 25, and a full court reference will be held in Courtroom No. 1 on Friday to bid him farewell.

Media reports suggested that Justice Mansoor Ali Shah, who would have become the CJP had the 26th Amendment not been in place, will not be in the country as he is proceeding on Umrah along with his family.

‘Split in community’

Though many in the legal community are unhappy with the so-called ‘Constitutional Package’, the opposition to the judicial reforms enacted may not translate into a countrywide movement due to a split between two major political groups of the country’s legal fraternity — the Independent and Pro­fessional groups.

“The legal fraternity was united when Gen Parvez Musharraf deposed the sitting chief justice Iftikhar Muhammad Chaudhry in 2007,” said a lawyer who did not wish to be named, recalling the movement for the ‘independent’ judiciary, which resulted in the reinstatement of all the deposed judges. He said there was a clear division in the bar as both major groups were divided on the passage of the 26th Amendment.

Ahsan Bhoon, who heads the Independent panel associated with the late Asma Jahangir, hailed the appointment of the new chief justice, saying the nomination of Justice Afridi was not based on personal preference or dislike. Talking to Dawn, Mr Bhoon said Justice Afridi was an undisputed judge and his appointment was a positive development.

Mr Bhoon, also a former president of the Supreme Court Bar Association (SCBA), said Justice Syed Mansoor Ali Shah and Justice Munib Akhtar were highly competent judges, adding the parliamentary committee had the mandate to appoint the next chief justice as per the criterion laid down in the Constitution.

Shahzad Shaukat, the incumbent president of the SCBA, praised Justice Afridi as one of the finest judges, saying his appointment followed the proper constitutional process.

‘Entire judiciary being punished’

On the other hand, at a press conference held in the auditorium of the Lahore High Court Bar Association (LHCBA) on Wednesday, Senator Hamid Khan said the entire judiciary was being punished for the disqualification of former prime ministers Yousuf Raza Gilani and Nawaz Sharif. He claimed the lawyers rejected the constitutional amendments.

The PTI-aligned Hamid Khan advised the CJP-designate to wait for his turn instead of accepting the position at this time, saying people would view him in a negative light if he accepted the role under prevailing circumstances.

He claimed that appointing the third senior-most judge as the chief justice was an attempt to create divisions within the judiciary. He described the recent developments in the country as “some of the darkest days”, saying the amendments were an assault on the Constitution and judiciary.

He called for judicial appointments to be made on the basis of seniority, asserting that lawyers would only recognise the senior-most judge as the chief justice.

Pakistan Bar Council member Ishtiaq A. Khan, who also belongs to the professional group, said the amendments were not constitutional but a form of ‘martial law’. He accused the ruling parties of employing political tactics to undermine the judiciary’s independence.

LHCBA President Asad Manzoor Butt stated that for the past two months, there had been attempts to undermine the judiciary. Mr Butt, leader of the Hamid Khan-led professional group, said the 26th Amendment was a political rather than a constitutional amendment.

KBA, Sindh bar welcome appointment

In the statement, the bar association welcomed the appointment of “fearlessly independent judge and distinguished jurist” Justice Afridi.

“We expect [from] Justice Yahya Afridi to restore the independence, reputation and integrity of the superior courts of Pakistan which have been gravely damaged by the outgoing Chief Justice of Pakistan, Qazi Faez Isa.”

The Karachi Bar also denounced the decision to bypass the senior puisne judge, Justice Mansoor Ali Shah, and vowed to resist this ‘injustice’ at every forum as well as in the streets.

The Sindh Bar Council, however, termed the appointment of Justice Afridi as a ‘major advantage’ for the judiciary as well as the nation. “There is much anticipation for the positive change in Pakistan’s judicial context that Justice Afridi would bring and the Sindh Bar Council congratulates him on this achievement,” it added.

Balochistan lawyers

In Balochistan, a joint statement issued by the lawyers’ bodies asked Justice Yahya Afridi not to accept the CJP’s post, saying they would only accept Justice Mansoor as the next CJP.

The statement was issued by the Balochistan Bar Council, the Pakistan Bar Council, the Balochistan High Court Bar Association, and the Quetta Bar Association among others. It said that lawyers’ bodies and civil society had already rejected the constitutional amendment.

Sumair Abdullah in Karachi and Saleem Shahid in Quetta also contributed to this report

Published in Dawn, October 24th, 2024