The federal authorities has a activity to nominate the nation’s new chief justice inside two days after the enactment of the twenty sixth Constitutional Modification, which mandates that the highest judicial slot to be stuffed three days earlier than the incumbent choose’s retirement.
The federal government should finalise the brand new appointment by October 22 at 12am as per the brand new regulation as CJP Qazi Faez Isa is ready to hold his robes on October 25, 2024.
The twenty sixth Constitutional Modification units the CJP’s time period at three years or till they attain the retirement age of 65. President Asif Ali Zardari has signed the invoice into regulation upon the recommendation of Prime Minister Shehbaz Sharif within the wee hours of Monday.
After the twenty sixth modification, the choice of the chief justice will not be based mostly solely on seniority, and as an alternative, the selection shall be made among the many three most senior judges of the Supreme Court docket.
A 12-member parliamentary committee will determine on the chief justice’s nomination with a two-thirds majority. The committee will then ahead the chosen identify to the prime minister, who will ship the nomination to the president for last approval.
If any of the three senior judges declines the place, the following senior choose shall be thought-about. At the moment, Justice Syed Mansoor Ali Shah is essentially the most senior choose, adopted by Justice Munib Akhtar, and Justice Yahya Afridi.
A report revealed in The Information final week urged that Justice Afridi would doubtless be appointed the following chief justice of Pakistan, as well-placed sources within the authorities and its allies are more likely to help his appointment.
“It’s noteworthy that in latest instances, when the apex court docket judges have been badly divided, Justice Afridi has remained non-controversial and impartial,” the report added.
Temporary overview of three SC judges
Justice Mansoor Ali Shah, senior puisne choose, is the senior-most choose on the seniority listing who might be named as the following chief justice of Pakistan (CJP) after Qazi Faez Isa’s retirement on October 25 as the highest choose.
After serving because the Lahore Excessive Court docket (LHC) chief justice for nearly two years, Justice Shah was elevated to the SC in early 2018.
Born in 1963, Justice Munib Akhtar, was elevated to the Supreme Court docket in 2018 and he’s the second senior-most choose on the seniority listing to be chosen for the publish of the chief justice.
As per the seniority listing, Justice Yahya Afridi is the third senior-most choose and he served because the Peshawar Excessive Court docket’s (PHC) chief justice from December 30, 2016, till his elevation to the SC in 2018.