Two senior SC judges request CJP to call full court on 26th Amendment pleas

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2024-11-05T12:37:00+05:00

Islamabad (Web Desk): In a significant development within Pakistan's judiciary, Justices Mansoor Ali Shah and Munib Akhtar of the Supreme Court (SC) have formally requested Chief Justice of Pakistan (CJP) Yahya Khan Afridi to urgently schedule hearings for the petitions challenging the controversial 26th Constitutional Amendment.

In a letter addressed to the CJP, the two judges, who are part of the committee responsible for setting court agendas and forming benches under the Supreme Court Practice and Procedure Act (2023), emphasized the need for prompt action on these high-stakes constitutional cases.

The letter, which was signed by Justices Shah and Akhtar, detailed that the committee had already decided, on October 31, that the petitions challenging the 26th Amendment should be heard by the full bench of the Supreme Court on November 4.

The committee’s decision was promptly communicated to the Registrar of the Supreme Court, but no official cause list was issued, and the hearing has yet to be scheduled.

Referring to the provisions of Section 2(3) of the Supreme Court Practice and Procedure Act, which mandates swift action on such decisions, the justices underscored that the committee's resolution must be given effect.

They called for the urgent scheduling of the hearing within the current week and for the cause list to be published immediately.

Additionally, they instructed the Registrar to upload the committee’s October 31 decision on the official website of the Supreme Court.

The 26th Constitutional Amendment, passed by the government, has been a point of contention since its introduction.

Legal groups, including the Supreme Court Bar Association (SCBA) and political parties such as Jamaat-e-Islami (JI), have filed several petitions against it, arguing that it infringes on fundamental rights and poses a direct threat to judicial independence.

The SCBA has particularly called for the formation of a full court bench to hear the case, citing the constitutional significance of the reform and its potential impact on the autonomy of the judiciary.

The dispute over the amendment’s implications for judicial independence has sparked widespread debate among legal professionals and political analysts alike.

The 26th Amendment, which alters aspects of judicial tenure and authority, has been criticized for potentially undermining the independence of the judiciary by making it more susceptible to political interference.

This case not only highlights the internal dynamics of the judiciary but also raises larger questions about the balance of power between the executive, legislature, and judiciary in Pakistan. 

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