Will Justice Yahya Afridi accept his nomination as chief justice?

With Justice Yahya Afridi’s name being finalized as the next chief justice of Pakistan (CJP), opposition leader and netizens are speculating whether Justice Afridi will be accepting the post or not.

President Asif Ali Zardari on Wednesday appointed Justice Yahya Afridi as the next CJP, who will take over the reins from incumbent CJP Qazi Faez Isa later this week. Justice Afridi has been appointed for a fixed three-year term starting on October 26, said a statement from Aiwan-e-Sadr.

Soon after Justice Afridi’s nomination by a special parliamentary committee, formed under the 26th Amendment, PTI leader Hamid Khan, in conversation with a private media outlet on Tuesday night, expressed hope that Justice Afridi “would decline the position”.

The statement left the internet divided, with people speculating whether Justice Afridi will be accepting the position of the country’s 30th CJP.

Some social media users went on to suggest that Justice Afridi should not accept the position owing to the changes in process of appointment of the country’s top judge under the 26th Amendment.

“Justice Yahya Afridi, show some grace and reject this offer. Justice Mansoor Ali Shah should be made the Chief Justice of Pakistan, as this Constitutional Amendment was illegitimate,” wrote one user, calling out the ruling coalition.

Showing concern over the appointment of the third senior-most judge instead of senior-most Justice Mansoor Ali Shah after CJP Qazi Faez Isa, another user wrote, “This is Pakistan’s most senior judge, Mansoor Ali Shah, but his seniority is being ignored, and the third-ranked judge, Yahya Afridi, is going to be made Chief Justice of Pakistan.”

It may be noted that neither Justice Afridi himself, any Supreme Court (SC) judges nor other relevant authorities have so far hinted at the possibility of Justice Afridi refusing to take charge as the country’s top judge. Instead, media reports on Wednesday afternoon claimed that the incumbent chief judge among other members of the judicial community had already congratulated Justice Afridi.

On late Sunday night, the Parliament passed the 26th Amendment, ruling out the scenario of the senior-most SC judge’s appointment as the CJP. Under the changes, the appointment of the CJP shall now be made from among the three senior-most judges of the apex court on the recommendation of a special parliamentary committee.

Justice Mansoor Ali Shah, Justice Munib Akhtar and Justice Yahya Afridi were in the race for the slot of the country’s top judge till a special parliamentary committee nominated Justice Yahya Afridi.