26th Amendment Cases
In a significant development, four Supreme Court (SC) judges have urged Chief Justice of Pakistan (CJP) Yahya Afridi to postpone new judicial appointments until the legal challenges against the Constitution (26th Amendment) Act, 2024, are resolved.
The request was made through a formal letter addressed to the CJP by senior puisne judge Justice Syed Mansoor Ali Shah, along with Justice Munib Akhtar, Justice Ayesha A. Malik, and Justice Athar Minallah.
The judges specifically called for delaying the scheduled meeting of the Judicial Commission of Pakistan (JCP), which is set to consider the appointment of eight new judges to the Supreme Court.
“The scheduled meeting and the appointment of the eight new judges to the SC by the JCP should be postponed until the challenge to the 26th Constitutional Amendment is decided one way or the other,” the letter stated.
The JCP had initially scheduled its meeting for February 11 but later rescheduled it to February 10 at 2:00 PM. The agenda includes the elevation of chief justices from various high courts to the apex court. However, the Lahore High Court Bar Association (LHCA) and several other petitioners have approached the Supreme Court, requesting a postponement of the JCP meeting.
In their letter, the SC judges argued that the meeting should be delayed at least until a constitutional bench determines the applications regarding convening a full court to hear the case. Additionally, they emphasized that the matter of transferring judges to the Islamabad High Court (IHC) and their revised seniority status must also be settled before proceeding with new appointments.
The issue of judicial transfers has been a contentious one. Earlier this month, President Asif Ali Zardari approved the transfer of one judge each from the Lahore High Court, Sindh High Court, and Balochistan High Court to the IHC.
This decision sparked debates about the independence of the judiciary, with many speculating that the next Chief Justice of the IHC could be a transferred judge rather than one originally appointed to the court.
The legal community has reacted strongly to these developments. On February 3, three major bar councils—the Islamabad Bar Council (IBC), Islamabad High Court Bar Association (IHCBA), and Islamabad District Bar Association (IDBA)—observed a strike, boycotting proceedings in the high and district courts. They condemned the fresh postings of judges in the IHC, calling them “malicious” and an “attack on judicial independence.”
Adding to the controversy, five sitting IHC judges sent a representation to IHC Chief Justice Aamer Farooq and CJP Afridi on February 4, protesting their placement lower on the seniority list due to the recent transfers.
They argued that seniority should be determined based on the date of the new oath. The reshuffling of the seniority list has caused unrest among judges, further intensifying concerns over judicial integrity and transparency.
As the legal battle over the 26th Amendment unfolds, the fate of new Supreme Court appointments remains uncertain. The coming days are likely to witness further developments, as stakeholders from the judiciary and legal fraternity continue to voice their concerns over judicial appointments and independence.
