ISLAMABAD - Chief Justice of Pakistan Justice Yahya Afridi has been asked to fix the petitions challenging the 26th Constitutional Amendment before a Full Court. In this regard, Justice Syed Mansoor Ali Shah and Justice Munib Akhtar, who are members of the judges’ committee formed under the Practice and Procedure Act, 2023, on 31st October, had written a joint letter to the Chief Justice Afridi for fixation of all the constitutional petitions against the 26th Constitutional Amendment before the Full Court on November 4.
Before writing the letter, these judges had written to the chief justice to call the Committee’s meeting urgently i.e. on 31st October, in terms of the proviso to sub-section 2 of the Section 2 of the Act, to discuss the fixation of constitutional petitions. “Please consider this matter as urgent”, they communicated to the chief justice.
When the Chief Justice did not convene the meeting, both these judges conducted the meeting at Justice Munib’s chamber and passed the order, which says; “Having considered the matter, it is resolved that constitutional petitions, challenging the 26th Constitutional Amendment be placed before the Full Court (on judicial side) and fixed for hearing on Monday i.e. 4th November, 2024. This decision is carried by majority in terms of Section 2(3) of the Act.”
Both the senior judges in their letter stated; “Keeping in view the urgency of the matter, we had asked for the meeting to be held at the earliest on that day itself. This was pursuant to the proviso to Section 2(2) of the Act.”
They said, “Despite intimation, the meeting was not convened, therefore, considering the urgency of the matter, we proceeded under Section 2(2) of the Act and held the requisitioned meeting of the Committee on the same day.”
They added, “The decision of the Committee, which was promptly communicated on the same day and is binding and effective in terms of Section 2(3) of the Act, was that the constitutional petitions challenging the 26th Constitutional Amendment be placed before the Full Court (on the judicial side) and fixed for hearing on 4th November, 2024.”
They also mentioned in the letter that no cause list of the Full Court in the matter of constitutional petitions has been issued for 4th November, 2024.
They demanded; “The decision of the Committee, which continues to stand, has to be given effect. We are therefore constrained to require the fixation of the constitutional petitions before the Full Court positively during the current week, and for the cause list to be issued accordingly forthwith.”
“In line with the established practice sanctioned by earlier decision of the Committee, the Registrar is directed to upload the decision of 31st October, 2024 on the website of the Supreme Court,” concluded the letter.
The Jamat-e-Islami (JI), former President Abid Shahid Zuberi and three members of Pakistan Bar Council and Balochistan Bar Council & Association have challenged the 26th constitutional amendment. The petitioners contended that the amendment is against fundamental human rights. They said, “It also contravenes basic constitutional structure and several constitutional provisions. So, therefore, it should be declared null and void.”
The amendment, which the Pakistan Muslim League-Nawaz (PML-N)-led coalition pushed through Parliament, faced significant opposition from the PTI and other lawmakers.
The opposition parties that supported the government in passing the amendments included Jamiat Ulema-e-Islam-Fazl (JUI-F) and Balochistan National Party-Mengal (BNP), allowing it to surpass the two-thirds majority required.
On October 21, 2024, President Asif Ali Zardari ratified the 26th Constitutional Amendment on the advice of Prime Minister Shehbaz Sharif after crucial amendments were passed by two-third members of the Parliament.
