Countdown Begins: Less Than 30 Hours to Appoint Pakistan’s New Chief Justice

Islamabad-(Mudassar Iqbal): The coalition government has less than 30 hours to appoint a new Chief Justice of Pakistan (CJP), as required by the newly passed 26th Constitutional Amendment.

This law mandates that the position must be filled three days before the current CJP’s retirement. With Chief Justice Qazi Faez Isa set to step down on October 25, 2024, time is running short for the selection process. Discussions are currently underway to finalize members for the parliamentary committee responsible for nominating the next chief justice. This committee, which will need a two-thirds majority to make decisions, will include representatives from both the National Assembly and the Senate.

Expected Composition of the Parliamentary Committee

Senate Members:
– PTI: Senator Ali Zafar
– JUI-F: Kamran Murtaza
– PML-N: Azam Nazir Tarar
– People’s Party: Farooq H. Naik

National Assembly Members:
– MQM: Khawaja Izharul Hassan (finalized)
– PTI: Barrister Gohar Ali Khan
– Sunni Ittehad Council: Sahibzada Hamid Raza
– PPP: Raja Pervez Ashraf and Naveed Qamar
– PML-N: Khawaja Asif and Ahsan Iqbal

Under the 26th Amendment, the term for the CJP is set at three years or until the judge reaches the age of 65. Prime Minister Shehbaz Sharif advised on the amendment, which was then signed into law by President Asif Ali Zardari on Monday.

Notably, the process for appointing the chief justice now involves selecting from the three most senior judges of the Supreme Court, departing from the previous strict adherence to seniority.

According to the current seniority list, Justice Syed Mansoor Ali Shah ranks as the most senior, followed by Justice Munib Akhtar and Justice Yahya Afridi. Should any of these judges decline the role, the next in line will be considered.

A report from *The News* suggested that Justice Yahya Afridi is a leading contender for the CJP position. Insiders believe his neutral stance amidst recent tensions in the Supreme Court makes him a favorable candidate.

Key Candidates for Chief Justice

– Justice Mansoor Ali Shah: The senior-most judge, previously served as the Chief Justice of the Lahore High Court before joining the Supreme Court in 2018.

– **Justice Munib Akhtar**: Born in 1963, he became a Supreme Court judge in 2018 and is seen as a strong candidate due to his extensive experience.

– Justice Yahya Afridi: Ranked third in seniority, he was the Chief Justice of the Peshawar High Court before his appointment to the Supreme Court in 2018.

Formation of the Parliamentary Committee

Following the enactment of the new law, the process for forming the parliamentary committee has begun. The Speaker of the National Assembly has requested nominations from parliamentary leaders for the committee, which will consist of eight members from the National Assembly and four from the Senate.

The People’s Party has already nominated former Prime Minister Raja Pervez Ashraf, Farooq H. Naik, and Syed Naveed Qamar for the committee, with Naik representing the Senate, and Ashraf and Qamar representing the National Assembly.

Additionally, the Jamiat Ulema-e-Islam (F) has selected Senator Kamran Murtaza as its representative.

The Speaker has sent letters to the leaders of various political parties, including the Muslim League (N), People’s Party, Sunni Etihad Council, and MQM Pakistan, to finalize their nominations.

Parliamentary Proceedings

The National Assembly met late Sunday night to deliberate on the 26th Constitutional Amendment, following earlier delays. Minister of Law Nazir Tarar introduced the amendment, which was passed with a majority of 225 votes, while 12 members opposed it.

Following the vote, Prime Minister Shehbaz Sharif addressed the House, highlighting the importance of justice in the country and marking the day as a significant moment. He praised the passage of the amendment as a symbol of national unity and consensus.

As Chief Justice Qazi Faez Isa’s term nears its end, the formation of the parliamentary committee is expected to be expedited, ensuring that a new CJP is appointed before the deadline. The stakes are high, as the nation looks to the judiciary for stability and direction in these challenging times.

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