Lawyers divided on Justice Afridi's pick

Karachi, LHC bars slam violation of seniority principles

KARACHI/LAHORE:

The legal fraternity appeared divided on Wednesday, as various lawyers bodies gave mixed reactions to the appointment of Supreme Court Justice Yahya Afridi as the next chief justice of Pakistan - the first appointment after the enactment of the 26th Constitutional Amendment.

The Karachi Bar Association (KBA) president and the Lahore High Court Bar Association (LHCBA) president condemned the decision of the special parliamentary committee to bypass senior-most Judge Mansoor Ali Shah and urged the Justice Afridi not to accept the post of top judge of the country.

Various other bar councils, including the Sindh Bar Council and the Sindh High Court Bar Association (SHCBA) welcomed the appointment of Justice Afridi, expressing that hope that he would succeed in strengthening the relationship between the bar and the bench.

Senior layer Hamid Khan, who is also a leader of the Pakistan Tehreek-e-Insaf (PTI), termed the passage of the 26th Amendment an attack on the Constitution. "We say to [incoming] chief justice Yahya Afridi not to accept this offer in principle," he said.

LHCBA President Asad Manzoor Butt said this government would face the consequences of this amendment which was not constitutional but purely a political amendment. "Lawyers were not taken into confidence and no draft had ever been shared with the lawyers."

Punjab Bar Council (PbBC)'s Vice Chairman Chaudhary Babar Waheed stressed that appointment of the judges must be made on merit and with the consultation of the bar councils. He said the chief justice should have followed the principle of seniority.

KBA President Amir Nawaz Warraich and Acting General Secretary Jahanzeb Mari, in a statement, strongly condemned the decision to ignore Justice Mansoor Ali Shah for the post of the chief justice on the basis of the principle of seniority.

"Justice Mansoor Ali Shah should have been appointed the future Chief Justice of Pakistan," the statement said. "The Karachi Bar Association resolves to challenge this unconstitutional and unjust denial on the streets and before all forums and the courts," it added.

The SHCBA President Rehan Aziz Malik and Honorary Secretary Sarfaraz Ali Metlo, welcomed the nomination of Justice Afridi. "We believe that his appointment will greatly benefit the judiciary and the nation as a whole. Justice Afridi, they said, was renowned for his unmatched vision and legal acumen.

Khyber Pakhtunkhwa Bar Council Vice Chairman Sadiq Ali Momand and Executive Chairman Syed Taimur Ali Shah in their statement said that Justice Afridi would take steps to uphold the law, enforce the Constitution and uphold the requirements of justice and increase the dignity of the judiciary.