Yahya Afridi

Afridi was born on 23 January 1965 in Dera Ismail Khan, Pakistan. He is a member of the Adamkhel Afridi tribe, with his family originally from Babari Banda village (formerly the Frontier Region Kohat). He was educated in Lahore at Aitchison College, obtaining his O-and-A levels, before completing his Bachelor of Arts in political science and economics degree at Government College University, Lahore in 1985. Afridi obtained a Bachelor of Laws and Master of Arts in economics degrees in 1988 to 1989 from the University of the Punjab and the Punjab University Law College. After he acquired a Commonwealth Scholarship, Afridi received a Master of Laws at Jesus College, Cambridge University in 1990. In 1991 he was selected for the Commonwealth Young Lawyers Course at the Institute of Legal Studies, London. From 1991 to 2005 Afridi acted as a visiting professor in law at the Khyber Law College, University of Peshawar, teaching labour, international and administrative law.^[1][3]

Afridi's grandfather was Monowar Khan Afridi, who by partition was serving as a Brigadier in the British Indian Army's Medical Corps and also a malariologist listed in the Munks Roll of the Royal College of Physicians. After Partition Monawar Afridi opted to join Pakistan Army and continued to serve the country in the health. Monawar was one of the founders of the health and medical education system in Pakistan, notably established Khyber Medical College in Peshawar while also serving as the vice-chancellor of Peshawar University.^[4][5]

From January 2013 to September 2013, he served on the Board of Governors of Aitchison College and from May to September 2013 as a member of the Peshawar University of Engineering & Technology Senate/Syndicate.^[3]

According to Umar Cheema in The News International, "Justice Afridi doesn’t watch news channels, let alone vlogs. He has zero consumption of social media. He uses a burner phone. He watches movies and drama series, mostly foreign. He is fond of polo and golf, hence watches videos related to them."^[6] According to the President of the Supreme Court Bar Association (SCBA) Shahzad Shaukat, there is “no doubt that Justice Yahya Afridi is one of our best judges”.^[7] Former Addl. Attorney General Tariq Mehmood Khokhar stated, "More often than not, he finds himself unable to agree with the views of either side, neither the majority nor the minority".^[8]

He interned at Fox & Gibbons in London before returning to Pakistan, where he became an Associate at Orr, Dignam & Co. in Karachi.^[1] While in private practice as a lawyer, Afridi enrolled as an Advocate of the High Court in 1991, three years later he became Assistant Advocate General for the province of Khyber Pakhtunkhwa (then NWFP). In 1995 he became Federal Counsel for the Government of Pakistan. In 2004 he enrolled as Advocate of the Supreme Court of Pakistan. From 1997 to 2012 he was a partner of Afridi, Shah & Minallah Law Firm, together with Mansoor Ali Shah and Athar Minallah.^[3]

In 2010 Afridi was elevated to the Peshawar High Court bench as an additional judge, and later confirmed as a permanent justice of the PHC on 15th March 2012.^[9] From 2011 to 2014 he served as Inspection Judge for several district courts and Chairman of Abbottabad and PHC enrollment committees from 2011 to 2014. From June 2010 to May 2013 Afridi was chairman of the KPK Labour Appellate Tribunal and in May 2013 became Chairman of the Khyber Pakhtunkhwa Subordinate Judiciary Service Tribunal.^[3]

He served as Company Judge for the Abbottabad Circuit Bench between 2011 to 2013 and continued as company judge in the Peshawar High Courts even after elevation to Chief Justice. In April 2011 Afridi became the head of the Automation Committee of the PHC and served as a member for several judicial committees, including; the SC's National Judicial Automation Committee, Committee for Enhancing Environmental Justice, and on the PHC Administrative Committee. In 2014, he became an administrative/monitoring judge in the Anti-Terrorism Courts and senior puisne judge.^[3]

On 30 December 2016, he took the oath as Chief Justice of the Peshawar High Court, the first from FATA^[1] and the youngest CJ in the courts history.^[10] In Abid Ali VS The State etc (2018 PLD), Afridi ruled that the Prevention of Corruption Act of 1947, being person-specific, meant that a petitioner could not "absolve himself" of wrong-doing "on the mere ground that the said law has not been extended to FATA, where he was then serving." Determining the validity of anti-corruption laws in FATA/PATA.^[11]

In December 2018, Afridi was elevated into the Supreme Court of Pakistan (SCP).^[9] He, together with ten other judges endorsed the Supreme Court (Practice and Procedure) Act, although he held a dissenting note on some points.^[8] On the Military Courts case, he held that section 2(1)(d)(ii) of the Pakistan Army Act (PAA) did not apply to civilian on May 9 and 10, and thereupon could not be tried in military courts,^[12] further stating that several sections of the PAA were Ultra vires and "therefore of no legal effect."^[13] despite this he did not support the majority verdict.^[8] Afridi held a dissenting note against the majority verdict in the Reserved Seats Case,^[4] holding that the SIC was not eligible for seats, but rather the Supreme Court should treat the reserved seats candidates as PTI members. He further dissented that the SC could not issue "definitive directions" to the Election Commission.^[8] In previous hearings over reserved seats, he remarked “It makes an effect on me when I read it.” Referring to Article 3 of the Constitution of SIC which "restricts the membership of SIC to only adult Muslims."^[14]

On 26 October 2024, Yahya Afridi took was sworn in as Chief Justice of Pakistan at the Aiwan-i-Sadr, where President Zardari administered the oath. The same day he reconstituted the three-man SC Committee with justices Mansoor Ali Shah and Munib Akhtar under the Supreme Court (Practice and Procedure) Act, 2023.^[15]

• Accountability Laws in Pakistan, Program on Law for Business Executives, LUMS, March & December, 2005
• Forest Laws in Khyber Pakhtunkhwa, ICEEJ, Bhurban, March 2012
• Cyber Crime and Legislation, International Conference “Peace through Law”, Lahore, Oct. 2012
• Human Rights & Terrorism in Pakistan, February 2014
• Presentation on Witness Security Symposium, Bhurban, June 2014
• Judiciary in Khyber Pakhtunkhwa, Presentation to Participants of 101st National Management Course, August 2014

• Asia Crime Prevention Conference, New Delhi, India, November 1999
• National Judicial Conference, Supreme Court, Islamabad, 2010
• National Judicial Conference, Supreme Court, Islamabad, April 2011
• International Conference on Enhancing Environmental Justice (ICEEJ), Bhurban, March 2012
• International Judicial Conference, Supreme Court, Islamabad, April 2012
• National Criminal Law for Judges, The Hague Forum, The Hague, Netherlands, May 2012
• Human Rights & Terrorism in Pakistan, February 2014
• Pakistan Judicial Tour to United Kingdom, March 2014
• Witness Security Symposium at Bhurban, June 2014
• Conference on Water and Environment Justice at Lahore, June 2014
• 3rd South Asia Judicial Roundtable on Environmental Justice, Colombo, Sri Lanka, August 2014