Islamabad-(Mudassar Iqbal): The Supreme Court has dismissed a petition challenging the proposed constitutional amendments after the petitioners requested to withdraw their case.
A three-member bench, led by Chief Justice of Pakistan (CJP) Qazi Faez Isa, conducted the hearing on Thursday. Hamid Khan, a senior attorney representing the petitioners, appeared in court and formally requested the withdrawal. “We wish to withdraw this application,” Khan stated.
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CJP Isa noted that the petition had been filed by six lawyers and inquired if Khan’s representation was only for the withdrawal. “Were your services engaged solely for this purpose?” the chief justice asked, suggesting that the petitioners might have filed a frivolous application if they now sought to withdraw it.
He also sought clarification on whether the petitioners were withdrawing both the appeal against the registrar’s objection and the original application. Khan confirmed that they were withdrawing both.
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In a brief exchange with lawyer Abid Zuberi, Chief Justice Qazi Faez Isa hinted at his impending retirement, stating, “You had one more application,” but added that it would be addressed after his term concludes.
Last week, the Sindh High Court had similarly dismissed a petition from lawyers contesting the proposed constitutional amendments, stating that the court could not intervene in a matter that had not yet been finalized.
Chief Justice Muhammad Shafi Siddiqui remarked during that hearing that since the amendments had not been passed, the judiciary had no basis for interference. He emphasized that elected representatives in the National Assembly, representing the country’s 240 million citizens, were tasked with legislating.
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“How can the court intervene when there is no amendment yet?” the chief justice queried, underlining that it was premature to question the legality of the proposal. “How can we assess whether it complies with the law before the amendment is made?”
The petition, filed by Ghulam Rehman Korai and others, sought a judicial review of the proposed 26th constitutional amendment. The lawyers argued for the court’s involvement, calling for the draft amendment to be presented to Bar Councils and Bar Associations for review before it is debated in the assembly.
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