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PTI Challenges New Constitutional Amendment While Supporting Justice Yahya Afridi’s Appointment

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In a recent announcement, Pakistan Tehreek-e-Insaf (PTI) leader Shoaib Shaheen declared that the party will contest the newly passed 26th Constitutional Amendment. He clarified that the PTI does not have any personal issues with Justice Yahya Afridi, appointed as the next Chief Justice of Pakistan (CJP).

Following weeks of political maneuvering, the ruling coalition successfully enacted the 26th Amendment, granting parliament the authority to select the next CJP from the three most senior judges of the Supreme Court. The amendments bring significant changes to Pakistan’s judicial framework, such as limiting suo motu powers, setting up constitutional benches, and evaluating the performance of high court judges.

Justice Yahya Afridi, third on the seniority list, was nominated by a Special Parliamentary Committee, and President Asif Ali Zardari formally approved his appointment.

Shoaib Shaheen emphasized that while the PTI opposes the 26th Amendment, their challenge does not target Justice Afridi personally. Instead, he criticized the process of choosing the next chief justice, highlighting that the tradition of seniority should be honored. He cited past instances when the senior-most judge was appointed as the top justice.

According to Shaheen, the government’s actions have created divisions among judges and undermined judicial independence. He expressed concerns over the recent judicial reforms, suggesting they interfere with the autonomy of the judiciary.

When questioned about the constitutional amendment, he stated that the PTI plans to argue whether the executive has the authority to affect the independence of the judiciary. Shaheen insisted that the case should be heard by a full court, rather than a constitutional bench formed under the new amendment, citing a conflict of interest.

He also criticized changes to the Judicial Commission of Pakistan, accusing the government of exerting undue influence on the composition of benches hearing cases against it.

In a related discussion, Jamiat Ulema-e-Islam-Fazl (JUI-F) Senator Kamran Murtaza, who participated in the selection of Justice Afridi, remarked that the PTI should have engaged in the parliamentary session instead of boycotting it. Murtaza defended the process of Afridi’s nomination, emphasizing that it followed constitutional protocol and asserting that they made efforts to address PTI’s concerns.

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