26th Amendment Challenges
Supreme Court Justices Mansoor Ali Shah and Munib Akhtar have formally reached out to Chief Justice of Pakistan Yahya Khan Afridi, requesting the immediate scheduling of pleas that challenge the recently enacted 26th Constitutional Amendment.
This initiative stems from their roles as members of the committee established under the Supreme Court Practice and Procedure Act of 2023, which is tasked with fixing cases and forming benches.
In their correspondence, the two justices highlighted that the committee had previously decided to schedule a hearing for the constitutional petitions opposing the 26th Amendment during a full court session on November 4.
This decision was communicated promptly on October 31, the same day it was made, yet no cause list was issued to facilitate the hearing as intended.
The letter emphasizes the necessity for the committee’s decision to be upheld in accordance with Section 2(3) of the Practice and Procedure Act, indicating that it must be acted upon.
The justices expressed their concerns about the lack of action regarding this matter, stating, “We are therefore constrained to require the fixation of the aforementioned constitutional petitions before the full court positively during the current week, and for the cause list to be issued accordingly forthwith.”
Additionally, the justices instructed the Supreme Court registrar to upload the committee’s decision from October 31, 2024, to the official website of the Supreme Court, ensuring transparency and public access to the committee’s deliberations.
The context for these requests involves several petitions filed against the contentious judicial reforms introduced by the government, which have sparked considerable debate and controversy.
These reforms were passed through Parliament amid significant political tension and have been met with resistance from various legal bodies. Among the petitioners are the Jamat-e-Islami (JI) and different lawyers’ organizations, including the Supreme Court Bar Association (SCBA).
These groups contend that the 26th Constitutional Amendment infringes upon fundamental human rights and contradicts the essential principle of judicial independence.
The SCBA has explicitly called for the formation of a full court bench to address the petitions challenging the amendment, underscoring the serious concerns regarding its implications on the judiciary’s integrity and autonomy.
As the legal community watches closely, the upcoming decisions by the Supreme Court may have far-reaching consequences for Pakistan’s judicial framework and governance.
