Peshawar:
A petitioner approached the high provincial court of Khyber Pakhtunkhwa (KP) against the appointment of judge Yahya Afridi as chief judge of Pakistan as well as other “subordinate judges” at the Supreme Court in contempt in terms of seniority.
MUFTI NOOR UL BASAR filed a brief request before the High Court of Peshawar (PHC), appointing the Federal Government, the President, the Prime Minister, the Chief of Pakistan, the President of the Senate, the Parliamentary Committee, the Commission Judicial of Pakistan (JCP) among others, as respondents.
The petition requests the cancellation of the disputed orders dated February 10, 2025, October 23, 2024 and on October 26, 2024 adopted by the respondents “illegal, illegal, fancy, reasonable, justification and transparency”.
On February 10, 2025, the JCP Green the elevation of six permanent judges at the Supreme Court during a meeting boycotted by two members of the JCP opposition as well as two superior judges of the SC.
On October 23, 2024, the JCP approved the appointment of judge Yahya Afridi as chief judge of Pakistan. Afridi judge was sworn in on October 26, 2024.
The petition notes that the Afridi judge is a junior of the two outgoing judges of the Supreme Court “which is also an injustice with the judges of the Court of Justice”. Petition argues that giving preference to subordinate judges on senior judges is illegal, unconstitutional and against the decisions of the Supreme Court.
“The nation wants the reasons for the replacement of higher judges, which is their fundamental right, as devoted to articles 9 and 10-A of the constitution of the Islamic Republic of Pakistan 1973,” he said .
In addition, the appointment of junior judges instead of seniors to the Supreme Court violates the true spirit of an independent judicial power, which is responsible for the safeguarding of fundamental rights.
According to the petition of the brief, the appointment of junior judges instead of seniors violates articles 2A, 3, 4, 5, 8, 9, 10A, 175 and 227 of the Constitution.
