Self-exiled journalist Ahmad Noorani has alleged that the newly appointed Chief Justice of Pakistan (CJP) Yahya Afridi has “a long-standing hatred for Imran Khan.”
In a vlog, Noorani discussed the political situation of Pakistan, especially the recently passed 26th Amendment and the appointment of a new CJP.
“Justice Yahya Afridi has many qualities, but the most significant trait that brought him the appointment of CJP was his hatred for Imran Khan,” claimed the journalist.
Ahmad Noorani also claimed that Justice Yahya’s bias against Khan is long-standing, but the reasons remained unknown.
Justice Yahya Afridi, who was nominated by a Special Parliamentary Committee (SPC) last week, took oath as the chief justice of Pakistan (CJP) on Saturday.
Following the passage of the 26th Amendment, the Chief Justice of Pakistan (CJP) will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” SC judges.
Previously, the president used to appoint the CJP based on the seniority principle, according to which Justice Mansoor Ali Shah would be the next CJP.
Pakistan Tehreek-e-Insaf (PTI) followers have once again fallen victim to a fake video, presenting unknown travellers as children of former Chief Justice of Pakistan (CJP) Qazi Faez Isa.
Sara Mir, also known as Rukhsana Kousar, a Pakistan Tehreek-e-Insaf (PTI) worker yesterday misled PTI followers by adding a voice-over over the original video, falsely identifying unknown travellers as former Chief Justice Pakistan Qazi Faez Isa’s sons arriving at London airport.
In the original video, it can be seen that a social media user, reportedly named Jamil, asked the unknown travellers, “Are they Qazi Faez Isa’s son? Upon which, an individual said, “No, no, they are not these children,” and the video gets cut.
Sara Mir added her voiceover in the original video in which she used harsh language against the unknown travellers, declaring them to be Qazi Faez Isa’s children.
“Qazi Faez Isa has sent his son here. Look at Qazi’s shameful and filthy son,” Sara Mir said in the dubbed video.
Hours after Yahya Afridi was sworn in as the 30th chief justice of Pakistan (CJP), Pakistan Tehreek-e-Insaf (PTI) leader and lawmaker Sher Afzal Khan Marwat has praised him for his neutral role and for being balanced.
Speaking to media in Islamabad, Marwat said that he had appeared before Yahya Afridi for more than 20 years, and he was an “extremely balanced judge”.
“I offer my congratulations to Yahya Afridi for the CJP role, and PTI was not opposed to his appointment as CJP,” he said.
“Our only issue was that the principle of seniority should not be violated in the appointment of the apex court’s top judge,” Marwat said while clarifying his party’s concerns over the appointment of the third senior-most judge as the CJP instead of senior-most Justice Mansoor Ali Shah.
Earlier in the day, Justice Yahya Afridi was sworn in as the new CJP following the retirement of Justice Qazi Faez Isa. Justice Afridi was nominated by a special parliamentary committee formed under the 26th Amendment.
The committee consisted of 12 members, including eight from the National Assembly and four from the Senate, who nominated Justice Afridi as the next CJP. After President Asif Ali Zardari’s assent, Yahya Afridi was officially appointed as the first CJP under new SC rules.
Chief Justice Pakistan Qazi Faez Isa apologised for reaching late at his farewell dinner ceremony on Thursday night, saying that he came late because “I went for a haircut.”
“I usually have a habit of arriving early, but Justice Naeem Akhtar Afghan suggested that I should get a haircut before attending the event. When I went to get the haircut, a young man was getting a facial, which resulted in a delay,” Qazi Faez Isa stated while addressing the farewell dinner.
The farewell dinner was hosted by the Supreme Court Bar Association (SCBA) and the Pakistan Bar Council (PBC) on Thursday night.
Qazi Faez Isa further remarked that he had been working since 1982 and used to take leaves for months, but it had been a while since he had taken off.
Meanwhile, during the full court reference to honour CJP Qazi Faez Isa today, the court witnessed his last laugh as the head of the Apex Court when Justice Yahya Afridi humorously narrated the expenses of the farewell lunch.
“Now to my commitment, sir, this is the formal announcement that the farewell lunch today is not at government expense; he is being cruel and imposed the entire expenses on me; however, I requested my brother judges to share the brunt,” Yahya Afridi claimed, and court attendees burst into laughter.
“He was adamant and stubborn and was in no mood to accept farewell lunch on government expenses; he agreed only when we committed the expenses,” Justice Yahya announced.
Qazi Faez Isa is retiring today, and Justice Yahya Afridi, third on the seniority list, will take the oath of Chief Justice of Pakistan on Saturday (tomorrow).
Pakistan Peoples Party Chairman Bilawal Bhutto appeared on BBC Urdu for an exclusive interview on October 24 in which he talked about the recent 26th Amendments and the controversies revolving around it.
Journalist Farhat Javed asked the PPP Chairman about the government’s insistence on passing the amendments before October 25, to which he replied: “We did have a window because we’ve seen how other judges have moulded the constitution whether it’s Article 63A or the Reserved Seats’ case to serve their personal interests. And then, on the other hand, we had a Chief Justice [Qazi Faez Isa] who could withstand pressure from fellow judges that may try to instigate him… We had a window [before Oct 25] because this man wouldn’t try to undermine what we were doing. It wasn’t possible to do such a significant thing with the presence of any other Chief Justice.”
The journalist asked Bilawal if Justice Mansoor had been the Chief Justice, then the amendments couldn’t have been passed. Bilawal replied: “This is our stated position that the Reserved Seats’ verdict was specifically orchestrated to undermine the strength of Parliament. The verdict on Article 63A was not based on the constitution but political motives.”
Speaking about the Pakistan Tehreek-e-Insaf’s (PTI) claims about the illegitimacy of the current government, Bilawal remarked, “Which Assembly has had legitimacy in the past? When we came in 2008, did we not protest that our mandate and 2/3rd majority had been stolen from us? Even then we made constitutional amendments. When Zia ul Haq made constitutional amendments, they were legitimised by the superior courts. PTI calls us Form 47, and we call them Selected.”
Speaking on the allegations of the establishment’s pressure on PPP to pass the amendments, Bilawal stated: “These claims are lies. I have worked for the Charter of Democracy. I have done these amendments because of my mother.”
Farhat Javed then asked the PPP Chairman what has he done to end the violence and victimization cycle in Pakistan’s politics. Bilawal sternly replied: “What have I not done to end this cycle? When my father’s neck and tongue were slit, when he was imprisoned for more than 11 years, did we do the same things to the opposition when we came into power? No, we did not. PPP, not anyone else, ended this cycle. This cycle ended in 2008 in Pakistan’s history. Who broke the cycle? Imran Khan Niazi. He used to call it ‘muk mukaa’ or ‘Jail is for punishment, not vacations’, and he is bearing the consequences for what he did. If the [violence] cycle needs to end, then he [Imran Khan] has to do it. And he is in no mood to end the cycle, so it will keep on going.”
“Do you expect someone who has been involved in the incarceration of your father, the torture of your mother and the torture of three generations of your family? I vould have taken revenge for blood. But I say that democracy is the best revenge for them,” concluded Bilawal.
Justice Mansoor Ali Shah refused to attend Friday’s full court reference in honor of the outgoing Chief Justice of Pakistan (CJP), Qazi Faez Isa.
The senior puisne judge Syed Mansoor Ali Shah, in a letter of refusal on the record of the reference proceedings, alleged that CJP Isa had not upheld the integrity of the judiciary during his tenure.
Full court reference is a long-standing tradition in legal systems and a ceremonial acknowledgement of the outgoing Chief Justice’s contributions and services to the judiciary, leadership and dedication to upholding the judiciary integrity.
“To stand a Reference and celebrate such a tenure would send a message that a Chief Justice can betray his institution, erode its strength, act petty and low and still be celebrated as an honorable servant of justice. I am sorry, I in good conscious, cannot stand at a reference for such a Chief Justice,” opined Mansoor Ali Shah in the letter.
He also alleged that Qazi Faez Isa had compromised the very foundation of the rule of law during his tenure and betrayed the judiciary’s sacred role.
Syed Mansoor Ali Shah added, “Chief Justice Qazi Faez Isa, like an ostrich, with his head in the sand, remained complacent and indifferent to external influences and pressure on the judiciary.”
Recalling the previous full court reference in honour of the former CJP Mian Saqib Nisar, the judge said that he had not attended his reference, too, as Saqib Nisar overstepped the boundaries of his constitutional role and ventured into matters beyond his jurisdiction.
“His tenure will be defined by pettiness, vindictiveness, and a lowly approach to administrative matters, having no grace or humility,” he said to Qazi Faez Isa while concluding in a letter.
On Thursday night, Justice Munib Akhtar, Justice Athar Minallah, Justice Ayesha Malik, and Justice Shahid Waheed, along with Justice Syed Mansoor Ali Shah, remained absent at the reception of Qazi Faez Isa.
Five Supreme Court judges have skipped Chief Justice Pakistan (CJP) Qazi Faez Isa’s farewell reception, including senior puisne Justice Syed Mansoor Ali Shah.
The Supreme Court Bar Association (SCBA) and the Pakistan Bar Council (PBC) hosted the dinner on Thursday night on the eve of CJP Isa’s retirement on October 25.
Justice Munib Akhtar, Justice Athar Minallah, Justice Ayesha Malik, and Justice Shahid Waheed, along with Justice Syed Mansoor Ali Shah, remain absent at the reception of Qazi Faez Isa.
However, Justice Yahya Khan Afridi, Justice Musarrat Hilali, Justice Naeem Akhtar Afghan, Justice Jamal Mandokhail, Justice Aminuddin Khan, Justice Aqeel Abbasi, Justice Muhammad Ali Mazhar, Justice Irfan Saadat Khan and Justice Shahid Bilal Hassan attended the dinner.
Chief Justice of Lahore High Court (LHC) and Islamabad High Court (IHC) were also among the attendees of Chief Justice Pakistan’s reception.
Justice Mansoor Ali Shah has gone for Umrah along with his family on Wednesday. He was all ready to become the next Chief Justice of Pakistan before the passing of the 26th Constitutional Amendment.
A Special Parliamentary Committee nominated the third senior most judge in the Supreme Court, Yahya Afridi, as the next CJP, and he will take the oath on October 26 (tomorrow).
As per Dawn News, the next Chief Justice, Yahya Afridi, at his expense, will hold the luncheon in honour of Qazi Faez Isa today (Friday), as CJP Isa had declined the farewell meal at government expense.
In an interesting development, prominent journalist Fakhar Durrani revealed why the government didn’t want Justice Mansoor Ali Shah as the next chief justice of Pakistan.
Speaking on ‘Fact Check Pakistan,’ he disclosed that things started turning against Justice Shah after he announced the reserved seats verdict on 12 July.
On July 12, the Supreme Court of Pakistan declared Pakistan Tehreek-e-Insaf eligible for reserved seats of Women and non-muslims.
Chaired by Chief Justice Pakistan Qazi Faez Isa, the 13-member larger bench was hearing the appeal filed by the Sunni Ittehad Council party against the Peshawar High Court’s (PHCs) recent reserved seat verdict.
Justice Mansoor Ali Shah, a second senior judge in the top court (counting Qazi Faez Isa as the first), had announced the majority eight-member verdict on reserved seats and ordered the Election Commission of Pakistan (ECP) for the allotment of Women and non-muslim seats to PTI.
The other eight member judges, along with Justice Mansoor Ali Shah, were Justice Shahid Waheed, Justice Ayesha Malik, Justice Irfan Saadat, Justice Athar Minallah, Justice Munib Akhtar, Justice Hasan Azhar Rizvi, and Justice Muhammad.
Fakhar Durrani stated that following the verdict on reserved seats, Justice Shah reportedly sent a WhatsApp message to one of his wives, which the country’s agencies intercepted and informed the government about it.
“Main ne tumhary leader kay liye ye kar diya hai,” Fakhar Durrani quotes the message.
He also said that Justice Mansoor Ali Shah’s further conversation was collected, which was reportedly biased towards Pakistan Tehreek-e-Insaf (PTI).
Based on Shah’s tilt toward PTI and the fear that Shah Could give the government a tough time, the ruling government decided to pass the 26th Constitutional Amendment before October 25, the date when Chief Justice of Pakistan (CJP) Qazi Faez Isa would retire as CJP, Durrani added.
Durrani also claimed that Chairman Pakistan Peoples Party (PPP) Bilawal Bhutto Zardari, while giving the reason for the judiciary’s past controversial verdict and citing the top court verdict on the disqualification of former prime minister Nawaz Sharif, convinced Jamiat Ulema-e-Islam Fazl (JUI-F)
“There should be a process of accountability for judges, and parliament should have a role in the appointment of judges,” Bhutto had said.
Clarifying why Justice Mansoor Ali Shah’s message was not made public, the journalist claimed that the message was not public by the government amid fear of being disgraced internationally.
Justice Mansoor Ali Shah has not responded to this latest development that journalist Fakhar Durrani claimed.
Justice Yahya Afridi, who was nominated by a Special Parliamentary Committee (SPC) last night, is set to take oath as the next chief justice of Pakistan (CJP) on Saturday.
Following the passage of the 26th Amendment, the Chief Justice of Pakistan (CJP) will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” SC judges.
Previously, the president used to appoint the CJP based on the seniority principle, according to which Justice Mansoor Ali Shah would be the next CJP.
Since the new CJP is here, let’s take a look at some of his famous cases.
Some important decisions of Justice Yahya Afridi
In 2018, Justice Yahya Afridi was the head of the special bench in the treason case against the dictator Pervez Musharraf. However, he recused after some time after Musharraf’s lawyer objected to his inclusion, saying Justice Afridi was former chief justice Iftikhar Chaudhry’s lawyer.
In 2020, Justice Yahya rejected Justice Qazi Faiz Isa’s plea against the infamous Presidential Reference against him, saying the fundamental rights of a sitting judge would remain eclipsed so far as their enforcement was not in consonance with the terms of his oath of office. However, he endorsed the quashment of reference by disposing of other petitions moved by a number of bar councils and bar associations.
In 2022, he supported the issuance of show cause notice to Imran Khan in the May 25 Long March case of Tehreek-e-Insaf when it was accused of allegedly flouting a May 25 order of the apex court that defined the limits for the party’s ‘Azadi March’ gathering in Islamabad and thereby committing contempt of court. A five-member SC bench, in a 4-1 split decision, instead sought a reply from Imran on the matter before deciding to issue him a notice.
In 2023, a five-judge bench, which included Justice Yahya, declared that the trial of civilians in the military courts was unconstitutional in May 9 cases.
In the Punjab/Khyber Pakhtunkhwa election case, the petitions were dismissed as pending in the High Court.
In April 2024, he also recused himself from the infamous six IHC judges’ letter to the Supreme Judicial Council case.
In the reserved seat case of SIC-PTI, he supported the position of Tehreek-e-Insaaf by giving a similar position as the other 8 judges on the bench but opposed it due to some other legal issues. And he also wrote his dissenting note in the decision related to the case.
Justice Yahya Afridi was also part of the 9-member larger bench of the Supreme Court on the presidential reference against the execution of former Prime Minister Zulfiqar Ali Bhutto.
Justice Yahya Afridi declined to join the three-member judges committee of the Supreme Court Practice and Procedure Ordinance 2024.
A claim regarding Justice Mansoor Ali Shah’s reaction to Justice Yahya Afridi’s appointment as the next chief justice of Pakistan (CJP), has taken the internet by storm.
Justice Shah, who was next in line to be the CJP on the basis of seniority, was on Tuesday sidelined for the appointment of Justice Yahya Afridi, as a Special Parliamentary Committee, formed under the 26th Amendment, nominated the latter instead.
The committee, with a two-thirds majority, referred Justice Afridi’s name to Prime Minister Shehbaz Sharif, who later forwarded it to President Asif Ali Zardari for a final nod.
With the Law Minister Azam Nazeer Tarar announcing the decision of the parliamentary committee last night, senior journalist Meher Bokhari shared on X (formerly Twitter) a claim regarding Justice Shah’s reaction to the news.
“Just spoke to a close family member of Justice Mansoor Ali Shah. He said, ‘I am fine and going off to sleep and need to go early to SC [sic],” she claimed
It wasn’t later when social media was flooded with commentary on Justice Shah’s reaction.
One user trolled Meher Bokhari and said, “It was quite a revelation indeed. I also talked to a family member of Justice Mansoor Ali Shah, and he said, ‘I’ll wake up and brush my teeth.”
“Sanu ki paway lambi taan kay sawy ya choti,” another user posted.
Optimistically, one X user wrote, “Justice Mansoor Ali Shah’s commitment to his duty speaks volumes. Let’s hope his integrity remains intact amidst all the political pressure.”
Justice Yahya Afridi’s Early Life
Justice Yahya Afridi was born in Dera Ismail Khan on Jan 23, 1965. Justice Afridi belongs to the Adam Khel clan of the Afridi tribe and is a resident of Kohat’s Babari Banda village. He comes from a family steeped in the tradition of public service, as per Dawn News.
Justice Afridi attended Aitchison College and Government College, Lahore, for his schooling and undergraduate degree. He later secured an MA degree in Economics from Punjab University.
After being awarded a Commonwealth Scholarship, Justice Afridi completed his LLM from Jesus College at the University of Cambridge. He was subsequently selected for a scholarship programme for Young Commonwealth Lawyers at the Institute of Legal Studies in London.
He was enrolled as a high court advocate in 1990 and a Supreme Court lawyer in 2004. He served as an assistant advocate general for Khyber Pakhtunkhwa and as federal counsel for the federal government while in practice.
Justice Afridi was elevated to the Peshawar High Court (PHC) as an additional judge in 2010, and confirmed as a PHC judge on March 15th, 2012.
He was elevated to the Supreme Court on June 29, 2018.
Justice Yahya Afridi will take oath as CJP on October 26.
