ISLAMABAD  -  The Supreme Court of Pakistan will today take up the petitions against the 26th proposed constitutional amendments bill, which the PML-N ruling coalition intends for the establishment of federal court. A three-member bench of the apex court headed by Chief Justice Qazi Faez Isa, and comprising Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan, will conduct hearing of the petitions.

Former President Supreme Court Bar Association (SCBA) Abid Shahid Zuberi and five members of Pakistan Bar Council (PBC) had filed the petition. The Balochistan Bar Council had also challenged the proposed bill saying that it is in complete violation of all the constitutional principles and is an attempt to destroy the independent judiciary and fundamental rights as guaranteed under the Constitution. It added that the proposed constitutional amendments bill destroys the principles of independence of judiciary, access to justice and fundamental rights guaranteed to citizens of Pakistan.

However, the Supreme Court Registrar Office on September 19 had returned the former SCBA president’s petition. It said that hypothetical questions are posed in the petition. The Registrar Office order said that the petition has been filed under Article 184(3) of the Constitution to challenge a document which has not yet attained the status of a law and it is stated to be a ‘proposed law’, not yet introduced in the parliament. It also said that the members of the National Assembly and the Senate who may pass a bill, if and when presented.

 However, they are not arrayed as parties, while the federation, the provinces, the Principal Secretaries to the Prime Minister and the President who are listed as respondents are not members of Parliament.

The order further stated that the petitioners are advocates and members of Pakistan Bar Council whereas the Legal Practitioners and Bar Councils Act stipulates that the lawyers should not become parties.

It also said that if the petitioners have a grievance and want to be portrayed as members of the Pakistan Bar Council then they should first approach their respective bodies, i.e. Supreme Court Bar Association and the Pakistan Bar Council for authorizing them to represent these bodies.