Supreme Court senior puisne judge, Justice Mansoor Ali Shah, has written to Chief Justice Yahya Afridi, advocating for the formation of a full court to deliberate on the petitions against the 26th constitutional amendment.
In his correspondence, Justice Shah also proposed postponing the Judicial Commission’s meeting scheduled for December 6 until a decision on these petitions is reached.
Justice Shah emphasized the importance of a comprehensive review by a full court due to the significant implications of the constitutional amendment pleas. He has requested the Chief Justice to instruct the Supreme Court registrar to schedule these pleas for a full court hearing.
The Supreme Court previously responded to the passage of the 26th constitutional amendment, which the National Assembly and Senate approved by a two-thirds majority. This amendment sets a three-year term for the Chief Justice of Pakistan.
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Abid Zuberi, President of the Supreme Court Bar, and five other lawyers have challenged the amendment, arguing it infringes upon fundamental rights and the Constitution. They contend that forcing lawmakers to vote for constitutional changes is unlawful and that the current composition of Parliament is incomplete, rendering such an amendment illegal. They also claim that appointing the Chief Justice of Pakistan through a Parliamentary committee constitutes judicial interference.
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The petitioners have urged the apex court to invalidate the 26th constitutional amendment, which also stipulates that a 12-member parliamentary committee nominate the Chief Justice of Pakistan from the three most senior judges. This committee, consisting of eight National Assembly members and four from the Senate, will submit their recommendation to the Prime Minister, who will forward it to the President for final approval.
