ISLAMABAD: Justice Mansoor Ali Shah has written to Chief Justice Yahya Afridi, requesting the formation of a full court to hear the petitions challenging the 26th Constitutional Amendment.
In his letter, Justice Shah argues that the over two dozen petitions challenging the amendment’s legality should be addressed by a full court to ensure a thorough and conclusive ruling.
He highlights that the amendment altered the composition of the Judicial Commission, and a decision on these petitions could invalidate any actions taken by the commission under the contested amendment.
Justice Shah warns that if the petitions succeed, the Judicial Commission’s decisions would be rendered null and void, which could cause embarrassment to the institution and its members. He stresses the importance of a timely decision to clearly determine the legal standing of the commission.
He also notes that he and Justice Munib Akhtar had previously decided on October 31 to schedule a hearing for these petitions, but the Registrar has yet to list them before a full court. Justice Shah emphasizes the urgency of resolving these petitions promptly.
The letter further points out that while Article 19-A of the Constitution restricts regular benches from hearing constitutional petitions, it does not prevent a full court from doing so.
In light of this, Justice Shah proposes that the meetings of the Judicial Commission be delayed until the petitions challenging the 26th Amendment are resolved. He urges the Chief Justice to direct the Registrar to list the petitions for a full court hearing.
