Justices Munib and Mansoor Urge CJP Afridi to Expedite 26th Amendment Case Listing

Islamabad-(Staff Reporter):  Two senior justices of Pakistan’s Supreme Court, Justice Mansoor Ali Shah and Justice Munib Akhtar, have urged Chief Justice Yahya Afridi to convene a full court bench hearing for the case challenging the 26th Constitutional Amendment, recommending the hearing be scheduled this week.

In a joint letter, Justices Shah and Akhtar outlined their efforts to organize a committee meeting on October 31 to address the issue. When the Chief Justice did not call the meeting, the two justices, citing Section 2, initiated it themselves. The committee agreed to conduct a full court hearing on November 4.

Despite this resolution, the justices noted that no cause list was issued. They emphasized that the Registrar’s office had been informed of the committee’s decision, and it is mandatory to implement it. Expressing disappointment over the delay, they insisted that the decision for a full court hearing still stands and must be respected.

Additionally, the letter directed the Registrar to publish the minutes of the October 31 meeting on the Supreme Court’s website.

The 26th Constitutional Amendment is currently under challenge in the Supreme Court by six lawyers, including a former president of the Supreme Court Bar Association. The petitioners argue that the amendment infringes on fundamental rights and the core structure of the constitution, alleging that some parliamentarians’ votes were coerced and questioning the validity of the parliament. They contend that the amendment undermines judicial independence and disrupts the separation of powers, citing the establishment of parliamentary committees for appointing the Chief Justice as an example of such interference. The petitioners further request that the court block the Judicial Commission from convening to appoint judges, listing both the federal and provincial governments as respondents.

It is worth noting that the Supreme Court (Amendment) Practice and Procedure Ordinance 2024 came into force on September 20 following its signing by President Asif Zardari.

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