Peshawar:
A petitioner has approached the Superior Provincial Court of Khyber Pakhtunkhwa (KP) against the appointment of Judge Yahya Afridi as the president of the Supreme Court of Pakistan, as well as some other “Junior Judges” to the Supreme Court without taking into account.
MUFTI NOOR UL BASAR has presented a request for court order in the Superior Court of Peshawar (PHC), appointing the federal government, the president, the prime minister, the president of the president of Pakistan, the president of the Senate, the parliamentary committee, the Judicial Commission of Pakistan (JCP) among others, as respondents.
The petition requests the cancellation of contested orders dated February 10, 2025, October 23, 2024 and on October 26, 2024 approved by the “illegal, illegal, fantasy, perverse, without legal effect, no legal effect, null-ab-ab- Initio against fair game, reasonability, justification and transparency. “
On February 10, 2025, the JCP Greenlits the elevation of six permanent judges to the Supreme Court at a meeting boycotted by two members of the JCP opposition, as well as two high -ranking SC judges.
On October 23, 2024, the JCP approved the nomination of Judge Yahya Afridi as the president of the Supreme Court of Pakistan. Judge Afridi lent an oath on October 26, 2024.
The petition indicates that Judge Afridi is Junior of the two titular judges of the Supreme Court “, which is also an injustice with the judges in the Court of Justice.” The petition argues that giving preference to Junior judges about the elderly is illegal, unconstitutional and against the decisions of the Supreme Court.
“The nation wants the reasons for the replacement of senior judges, which is its fundamental right that is enshrined in articles 9 and 10-A of the Constitution of the Islamic Republic of Pakistan 1973,” he said.
In addition, appoint Junior judges instead of the elderly for the Supreme Court violates the true spirit of an independent judiciary, which is responsible for safeguarding fundamental rights.
According to the request for writing, the appointment of Junior judges instead of the elderly violates articles 2, 4, 5, 8, 9, 10a, 175 and 227 of the Constitution.
