ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) has approached the Supreme Court to challenge the 26th Constitutional Amendment, arguing that it is unconstitutional, illegal, and unacceptable.
In its petition, filed by Advocate Samir Khosa, PTI seeks for the amendment to be declared null and void. The petition also requests the Supreme Court to halt the Judicial Commission of Pakistan from making judicial appointments until the matter is resolved.
PTI asserts that the amendment breaches the fundamental structure of the Constitution, which, according to the party, cannot be altered by Parliament. The party further argues that the amendment undermines the independence of the judiciary, a core principle of the Constitution.
On the previous day, the Supreme Court (SC) of Pakistan announced special arrangements for the upcoming hearing of the case regarding the 26th Constitutional Amendment, scheduled for January 27.
A statement issued by the SC indicated that the hearing will take place in Court Room No. 2, with enhanced security measures to ensure the safety of those attending. Due to limited space in the courtroom, special passes will be distributed to authorized individuals, including lawyers and journalists. Only those with valid passes will be permitted entry.
For those without passes, alternative arrangements, such as audio facilities in Court Rooms No. 6 and 7, have been made. Additionally, the use of mobile phones will be prohibited in the courtroom.
It is important to note that the SC’s Constitutional Bench will be hearing a series of pleas challenging the 26th Constitutional Amendment, with petitioners seeking to have it struck down. The bench will be led by Justice Aminud din Khan and will include Justices Ayesha A. Malik, Jamal Khan Mandokhail, Naeem Akhtar Afghan, Muhammad Ali Mazhar, Hassan Azhar Rizvi, and Musarrat Hilali.
The 26th Constitutional Amendment was passed by Parliament on the night of December 20-21, which fixed the term of the Chief Justice of Pakistan at three years. A 12-member parliamentary committee, consisting of eight members from the National Assembly and four from the Senate, will be responsible for selecting the new Chief Justice from a panel of the three most senior judges. The proposed name will then be forwarded to the Prime Minister and subsequently to the President for final approval.
The amendment also outlines the composition of the judicial commission, led by the Chief Justice and including three senior judges, two members each from the National Assembly and Senate, the Federal Minister for Law and Justice, the Attorney General, and a nominee of the Pakistan Bar Council with at least 15 years of practice in the Supreme Court. This commission will oversee the appointment of Supreme Court judges.
