Yahya Afridi: The New Chief Justice of Pakistan or a Military Puppet?

The appointment of Yahya Afridi as the Chief Justice of Pakistan’s Supreme Court has remained controversial from the outset and raised eyebrows across the country. His career trajectory and affiliations have become the subject of intense scrutiny, with many questioning whether his tenure will mark a continuation of the judiciary’s perceived alignment with military interests.

Background and Allegations

Yahya Afridi, an “army brat” and the son of Omar Afridi of the Armoured Corps (5 Probyn’s Horse), has a legal legacy overshadowed by allegations of favouritism and controversy. His connections with former colleagues and his judicial decisions have sparked debates about his impartiality and competence.
His former law firm partners, Justices Syed Mansoor Shah, who was the senior most judge in line to become the Chief Justice and Athar Minallah, are rumored to have urged Afridi to decline the appointment as Chief Justice, citing moral concerns. However, Afridi’s ascension appears to align with the military’s preference, suggesting deeper institutional support behind his elevation. The military through its puppet government brought the most controversial constitutional amendments for the out of turn appointment of Afridi.

An illustration of the Pakistani judicial system working under the thumb of the military junta.

Ties to the Military Establishment

Critics argue that Afridi’s appointment is part of a broader strategy by the military establishment to maintain influence over the judiciary. Like his predecessor, Qazi Faez Isa, who faced accusations of being under the military’s sway, Afridi is alleged to be a silent operator for the military, ensuring control over the judicial and political framework.

Afridi’s critics also highlight his involvement in protecting controversial figures, including his role in the dismissal of corruption cases against Qazi Faez Isa. His strategic recusals from key cases and compromise-driven rulings have led many to label him as a “military tout” implanted to safeguard establishment interests.

Questions About Integrity

Serious questions surround Afridi’s financial disclosures, particularly regarding alleged investments in Boston apartments linked to his family. Skeptics wonder whether the military establishment is aware of these transactions and whether they influence Afridi’s decisions.

In his earlier career, Afridi was regarded as a mediocre corporate and banking lawyer in NWFP, not a constitutional expert. His rulings as Chief Justice of the Peshawar High Court and a Supreme Court judge have frequently been overturned or critically analyzed.

Influence in Judicial and Political Decisions

Afridi’s influence extends beyond the courtroom, with his ally Judge Arshad Ali recently ruling against PTI on multiple cases, including reserved seat petitions and electoral symbol decisions. This has further fueled suspicions about Afridi’s role in suppressing dissent and consolidating the establishment’s hold on the judiciary.

Legacy and Implications

As the new Chief Justice, Afridi faces mounting skepticism about his ability to deliver impartial justice. His association with controversial rulings, recusal from key cases, and perceived alignment with the military raise concerns about the independence of Pakistan’s judiciary.

His tenure could shape Pakistan’s legal and political landscape for years to come, but whether he will act as a reformist or a puppet of entrenched powers remains to be seen.

Conclusion

Yahya Afridi’s rise to Chief Justice highlights the intricate power dynamics within Pakistan’s judiciary and its relationship with the military establishment. For many, his appointment represents another chapter in the ongoing struggle for judicial independence in Pakistan. The nation now watches closely to see whether Afridi will uphold the principles of justice or continue to perpetuate a system that prioritizes loyalty over accountability.

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