Senior Supreme Court judges, Justice Mansoor Ali Shah and Justice Muneeb Akhtar, have formally requested the chief justice of Pakistan to convene a full court bench to hear the cases against the 26th Constitutional Amendment.
In separate letter addressed to Chief Justice of Pakistan Yahya Afridi, copies of which are available to Samaa TV, the judges demanded placing the cases against the recent amendment before a full court this week.
They explained in their letter that in the Supreme Court Practice and Procedure committee meeting of Oct 31, they had decided to place the cases challenging the 26th amendment before the full court. It had been decided that the cases will be heard by the full court on Nov 4. "However, despite the committee's decision, no cause list was issued,” they complained.
The letter further stated that the two senior judges had demanded the chief justice convene a committee meeting on October 31. "When the chief justice did not call the meeting, under Section 2 of the Act, we, judges ourselves, called the meeting,” they stated.
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The letter stated that in the meeting, the two judges decided that the cases against the 26th amendment would be heard by the full court on Nov 4. Both the judges also directed the court registrar to release the minutes of the Oct 31 meeting on the apex court's website.
“It is with deep concern and regret that we note that no cause list of the Full Court in the matter of the above constitutional petitions has been issued for 4th November, 2024. The decision of the committee, which continues to stand, has to be given effect. 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. In line with established practice sanctioned by the earlier decision of the committee, the Registrar is directed to upload the decision of 31st October, 2024, on the website of the Supreme Court.”
In the letter, both the senior judges demanded the chief justice fix the petitions against the 26th amendment before the full court this week.
Meanwhile, lawyers' organizations from Balochistan, including the Balochistan Bar Council and the Balochistan High Court Bar Association, have filed separate petitions, requesting that the 26th amendment be declared unconstitutional and against the core principles of the constitution.
Also Read: SHC accepts plea against 26th Constitutional Amendment
They have named the law secretary and the chief secretaries of all provinces as respondents, contending that these changes interfere with judicial autonomy.
The petitions also request that the Judicial Commission be stopped from forming, holding meetings, or issuing orders under the new amendment. Additionally, the petitions ask the court to declare all actions taken as a result of the amendment null and void.
Moreover, a group of six prominent lawyers, including a former president of the Supreme Court Bar Association, have also submitted a petition against the 26th Amendment, citing concerns over its impact on fundamental rights.
The petitioners plead for declaring the amendment unconstitutional and contrary to the fundamental rights and constitutional structure. They have also requested that the Judicial Commission be stopped from meeting for the appointment of judges.
