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National Assembly passes 26th Constitutional Amendment Bill in overnight session [Post Updated #155]

Do you support or oppose the proposed constitutional amendment bill in Pakistan?

  • Yes - The bill is necessary for judicial reforms and will strengthen the constitution

    Votes: 3 20.0%

  • No - The bill is an attack on the judiciary's independence and will undermine the constitution

    Votes: 12 80.0%
  • Total voters
    15
What is left in Pakistan? No law and order, No human welfare, Non-issues are issues here and parliament is busy working for their own benefits rather than doing legislation for the people of Pakistan.
 

SC Justice Masnoor Ali Shah raises questions on 26th Constitutional amendments​


During the hearing of a case related to the Competition Commission of Pakistan, Justice Mansoor Ali Shah made notable remarks about the introduction of constitutional benches under the 26th Amendment as he inquired if the case would now be heard by the newly formed constitutional bench or a regular one, noting, "It seems this question will arise every day"

Barrister Farogh Naseem observed that political cases have increasingly transformed into constitutional matters.

Justice Ayesha Malik also remarked, "Now you know about your constitutional bench."

The court decided to postpone the hearing for three weeks to allow time for further clarity on how the new amendment would impact case proceedings. Justice Ayesha Malik emphasized that under the amendment, Article 199 cases cannot be heard by the court.

Climate Change Authority Case

In another case, Justice Mansoor engaged in an interesting conversation with the Additional Attorney General, inquiring if the Climate Change Authority's chairman notification had been issued.

The Attorney General humorously replied that it had not, as he had been busy. Justice Mansoor responded with a light-hearted remark: "Now all the busyness will be over."

The court adjourned the Climate Change Authority case for two weeks.

Justice Masnoor Ali Shah reacts to 26th Constitutional amendments

‘It seems this question will arise every day,” Mansoor Ali Shah says in CCP case
www.samaa.tv www.samaa.tv
 

President Asif Zardari signs constitutional amendments into law​


President Asif Ali Zardari on Monday gave his assent to the 26th Constitutional Amendment Bill which has now come into force as a law following the head of state's signature.

A gazette notification has been issued following the president's assent to the contentious legislation.

The development comes after the ruling coalition succeeded in pushing the highly contentious judicial reforms through the Parliament via a two-thirds majority with 225 and 65 votes in the lower and upper house, respectively.

A gazette notification has been issued following the president's assent to the contentious legislation.

The development comes after the ruling coalition succeeded in pushing the highly contentious judicial reforms through the Parliament via a two-thirds majority with 225 and 65 votes in the lower and upper house, respectively.

Following the late-night marathon session in the Parliament, PM Shehbaz sent an advice to President Zardari in the wee hours of Monday to give his assent and sign the legislation into law.

Earlier in the day, the Aiwan-e-Sadr Secretariat had said that the ceremony, originally slated to take place at 6am, was postponed.

The treasury benches, comprising 211 seats, required 224 votes in the NA. However, their numbers rose to 219 following the Jamiat Ulema-e-Islam-Fazl's (JUI-F) support.

The amendments were passed after the PTI-backed independent lawmakers including Zahoor Qureshi, Aurangzeb Khichi, Usman Ali, and Mubarak Zeb voted in favour of the motion along with the Pakistan Muslim League-Quaid's (PML-Q) Chaudhry Ilyas.

www.thenews.com.pk

President Zardari signs constitutional amendments into law

ISLAMABAD: President Asif Ali Zardari on Monday gave his assent to the 26th Constitutional Amendment Bill which has now come into force as a law following the head of state's signature.A gazette...
www.thenews.com.pk www.thenews.com.pk

​

 
FearlessRoar said:

President Asif Zardari signs constitutional amendments into law​


President Asif Ali Zardari on Monday gave his assent to the 26th Constitutional Amendment Bill which has now come into force as a law following the head of state's signature.

A gazette notification has been issued following the president's assent to the contentious legislation.

The development comes after the ruling coalition succeeded in pushing the highly contentious judicial reforms through the Parliament via a two-thirds majority with 225 and 65 votes in the lower and upper house, respectively.

A gazette notification has been issued following the president's assent to the contentious legislation.

The development comes after the ruling coalition succeeded in pushing the highly contentious judicial reforms through the Parliament via a two-thirds majority with 225 and 65 votes in the lower and upper house, respectively.

Following the late-night marathon session in the Parliament, PM Shehbaz sent an advice to President Zardari in the wee hours of Monday to give his assent and sign the legislation into law.

Earlier in the day, the Aiwan-e-Sadr Secretariat had said that the ceremony, originally slated to take place at 6am, was postponed.

The treasury benches, comprising 211 seats, required 224 votes in the NA. However, their numbers rose to 219 following the Jamiat Ulema-e-Islam-Fazl's (JUI-F) support.

The amendments were passed after the PTI-backed independent lawmakers including Zahoor Qureshi, Aurangzeb Khichi, Usman Ali, and Mubarak Zeb voted in favour of the motion along with the Pakistan Muslim League-Quaid's (PML-Q) Chaudhry Ilyas.

www.thenews.com.pk

President Zardari signs constitutional amendments into law

ISLAMABAD: President Asif Ali Zardari on Monday gave his assent to the 26th Constitutional Amendment Bill which has now come into force as a law following the head of state's signature.A gazette...
www.thenews.com.pk www.thenews.com.pk

​

Click to expand...
A President with no mandate signs a bill passed by less than 50 legitimately elected reps masquerading as a 2/3 rd majority. And then we ask why other countries have gone so far ahead of us.
 
It has been a pattern in PMLN's history that, after coming into power and despite doing good work for Pakistan, they somehow manage to self-destruct. This happened in 1992, 1999, and again in 2018.

They believe they are now the ultimate rulers of Pakistan, which they clearly are not. They will likely make a mistake this time as well. IK just needs to wait for that moment. The army will not hesitate to turn to IK when Nawaz comes to real power.

Next in line is Bilawal Bhutto, a champion of democratic speeches, but in Pakistan's politics, nothing is impossible.

The next constitutional amendment will likely involve changes to provisions related to the army chief and the length of his service
 
Our army establishment is a legacy of the British Raj. Their rules, discipline, and nomenclature were all inherited from British rule in India. They continue to employ the same 'divide and rule' strategy, and they are still playing it quite effectively.

When Nawaz and Benazir signed the Charter of Democracy in 2006, the army introduced their 'project,' Imran Khan, to counter and control the emerging civilian power.

However, Project Imran Khan failed miserably, and they had to remove him, forgetting that they had created a political 'Godzilla' through their reckless experimentations. Now, this Godzilla is proving difficult for them to manage, so they are once again turning to Nawaz and the Bhutto family to protect themselves.

The time is near when they will shift their focus back to IK in an attempt to regain control. This same cycle has been repeating for decades, and it's still ongoing
 
FearlessRoar said:
What is left in Pakistan? No law and order, No human welfare, Non-issues are issues here and parliament is busy working for their own benefits rather than doing legislation for the people of Pakistan.
Click to expand...
We have sood , agriculture land being converted into illegal societies, mafia running schools and Internet being controlled by firewall, automobile Co.s leeching Public by selling junk
 
ICJ derides ‘blow to judicial independence’ as 26th Constitutional Amendment becomes law

The International Commission of Jurists (ICJ) derided Monday’s passage of the 26th Constitutional Amendment into law following the approval of both houses of parliament as a “blow to judicial independence”.

Pakistani politics saw a second “working weekend” in as many months, where the ruling coalition finally succeeded in passing the much-touted ‘Constitutional Package’ with a two-thirds majority in both the Senate and the National Assembly.

The 26th Amendment brings changes to the Constitution, most of which pertain to the judiciary. Some main reforms include taking away the Supreme Court’s suo motu powers, setting the chief justice of Pakistan’s (CJP) term at three years, and empowering the prime minister to appoint the next CJP from among the three most senior SC judges.

On Sunday, the bill, which had 22 clauses, was greenlit by the Senate with a two-thirds majority. Then, during a session that began late on Sunday night and continued past 5am on Monday, the NA also passed it with a two-thirds majority. The NA-approved version had 27 clauses after incorporating suggestions made by the Senate.

Following the conclusion of parliamentary procedures, Prime Minister Shehbaz Sharif, according to Radio Pakistan, sent his advice to President Zardari for his assent on the newly enacted law — titled ‘The Constitution (26th Amendment) Act, 2024’.

An NA secretariat notification published in the Gazette today, a copy of which is available with Dawn.com, read that the Act with 27 clauses “received the assent of the President on the 21st October, 2024”

Source: Dawn News.
 

The international perspective welcome to the land of Munirla, time for U.S. to impose some ¿¿
 
PTI ready for ‘do or die’ agitation against amendment

The PTI has vowed to launch a decisive movement against the 26th Constitutional Amendment across the country “without any fear of consequences”.

The PTI leadership has called upon the nation to come out on the roads as the judiciary’s independence has been threatened by the amendment.

“The current situation demands a mass protest movement … by every Pakistani, beyond the cadres of the PTI, from every nook and corner of the country,” PTI Secretary General Salman Akram Raja said while addressing a press conference in Lahore on Monday.

Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur, addressing the KP Assembly session, said this would be “do or die” as there was no other option for the people. “We don’t care about the consequences.”

Mr Raja also criticised the changes brought to the judiciary and said the judges in the constitutional bench — as outlined in the amendment — “will not be wearing uniform or boots but will be controlled by the oppressors”.

The amendment was a “direct attack on the Constitution”, he said at the Lahore Press Club.

The judges of the constitutional bench, where every Pakistani would go to seek justice, would have judges appointed by the government, he said.

“We Pakistanis have been made slaves. Pakistanis have been sent to dark ages that were worse than the colonial rule, where at least the honour and integrity of women within the four walls of their homes was protected.”

Answering a question about the Quaid-i-Azam’s vision of constitutional courts, Mr Raja said the comparison was not apt as the present Pakistan had come a long way and earned judicial independence after a long struggle.

He also said that the Charter of Democracy was a “mere agreement between two political parties” and had nothing to do with the people of Pakistan at large.

‘Do or die’

KP Chief Minister Gandapur also raised concerns over the independence of judiciary after the 26th amendment. He said this time, the PTI would launch a movement with a different approach and appealed to the people “to stand up” against the amendment.

He said merely posting on social media would not be enough this time. “People would have to come out of their houses and become part of the revolution.”

The chief minister also warned of protest if the government didn’t appoint the senior-most Supreme Court judge — Justice Mansoor Ali Shah — as the chief justice.

“This is the moment for do or die. There is no other option. We don’t care about the consequences,” the chief minister said, adding that the amendment was passed by a government “which lacked public mandate”.

He vowed to take back the amendment whenever the PTI came into power.

The KP CM’s adviser on information, Barrister Muhammad Ali Saif, also said the PTI will annul the “controversial and unconstitutional amendments” upon its return to power.

In a statement on Monday, Mr Saif said the tactics used to get this amendment passed “violated the sanctity of four walls and attacked the dignity of our mothers and sisters”. The process to get the amendment passed in the dead of night was a “betrayal against the Constitution”.

“The entire procedure [is] a treacherous blow to the Constitution,” Mr Saif said, calling it a “coup against the judiciary”.

‘Turncoats’

The PTI leaders also criticised PTI’s National Assembly members who voted in favour of the constitutional amendment and vowed strict action against them.

Mr Raja said the PTI would ensure that these members lose their seats as he rebuffed the reports of a forward bloc in the party.

CM Gandapur said the lawmakers who supported the government were “cowards and traitors”. He said coercion or threat was no justification to support the government. “Those who could not resist [the pressure] should have resigned.”

DAWN NEWS
 
Establishment has to be ready for a 2007 event again with these lawyers
 
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Newly formed Special Parliamentary Committee to nominate next CJP today

The newly appointed Special Parliamentary Committee (SPC) is set to nominate the next chief justice of Pakistan (CJP) today from among the three most senior Supreme Court judges after it meets at 4pm.

CJP Qazi Faez Isa is set to retire as the top judge on October 25. Senior puisne judge Justice Mansoor Ali Shah was previously set to be the next CJP under the seniority principle.

However, the newly enacted 26th Constitutional Amendment has brought numerous changes pertaining to the judiciary, among which is the process of appointing the CJP.

Under amendments to clause 3 of Article 175A, instead of the president appointing the “most senior judge of the Supreme Court” as the CJP, the top judge will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” SC judges.

After Justice Shah, the next two senior apex court judges are Justices Munib Akhtar and Yahya Afridi.

The SPC, which was formed a day ago by National Assembly Speaker Ayaz Sadiq, comprises eight MNAs and four senators nominated by their respective parliamentary leaders. Political parties have representation in the committee based on their strength in the parliament.

The committee comprises PML-N’s Khawaja Asif, Ahsan Iqbal, Shaista Pervaiz Malik and Senator Azam Nazeer Tarar; PPP’s Raja Pervez Ashraf, Naveed Qamar and Senator Farooq H. Naek; Sunni Ittehad Council’s Hamid Raza; PTI-affiliated MNA Gohar Khan and Senator Ali Zafar; Muttahida Qaumi Movement-Pakistan MNA Rana Ansar; and Jamiat Ulema-i-Islam-Fazl’s Senator Kamran Murtaza.

According to a notification issued by the NA secretariat, an in-camera meeting of the special committee will take place today at 4pm.

However, according to a post on PTI MNA Sheikh Waqas Akram’s X account, the party’s political committee decided that the PTI would not participate in the meeting.

In a statement on X, PTI leader Zulfi Bukhari said: “Of course, we will not be part of any parliamentary committee. We believe not only the amendments but in the manner they were passed it self was illegal.

“Why would we legitimise them and be part of this mafia that is destroying the independence of our judiciary?” he asked rhetorically. “We are not going to part take in parliamentary committee, loud and clear.”

Under the recent amendment, the committee would send the nominee’s name to Prime Minister Shehbaz Sharif, who shall forward the same to President Asif Ali Zardari for the appointment.

The Karachi Bar Association has criticised the “non-transparent and hasty manner” in which the 26th Amendment was passed. It said there was no justifiable reason to deny the appointment of Justice Shah as the next chief justice.

Lawyers’ leaders have vowed to launch a protest movement against the Amendment along the same lines as the one in 2007.

PTI issues show-cause notices

Separately, the PTI issued show-cause notices to its lawmakers who it deemed to have violated “established party directives”.

The party has planned legal action against its lawmakers who voted for the amendment, going against the party lines — namely PTI-backed independent MNAs Zahoor Qureshi, Aurangzeb Khichi, Usman Ali and Mubarak Zeb.

“The party hereby issues a show cause notice to several individual party members for actions deemed to contravene established party directives,” Akram said in a post on X.

He stressed: “Clear instructions were communicated to remain within the designated safe area; however, we regrettably lost all contact.”

Akram clarified that while the party members were “not observed participating in the voting for the constitutional amendment”

However, he added, “due to their failure to comply with the explicit instructions to remain in the designated safe area, the party has reason to suspect that they may have been compromised”.

“These individuals are required to provide a comprehensive articulation of their positions. Upholding party unity is of paramount importance,” Akram said.

While speaking to Geo News on Monday night, PTI Secretary General Salman Akram Raja said that leaders who had lost contact with the party on the day of the voting would come under the party’s scrutiny.

He added that PTI MNA Zain Qureshi, the son of incarcerated former foreign minister Shah Mahmood Qureshi, was one of those leaders.

Earlier on Monday, Qureshi had denied rumours that he had voted in favour of the Amendment. “I completely condemn and deny this,” he said in a video message posted on X.

DAWN NEWS
 
BouncerGuy said:
Newly formed Special Parliamentary Committee to nominate next CJP today

The newly appointed Special Parliamentary Committee (SPC) is set to nominate the next chief justice of Pakistan (CJP) today from among the three most senior Supreme Court judges after it meets at 4pm.

CJP Qazi Faez Isa is set to retire as the top judge on October 25. Senior puisne judge Justice Mansoor Ali Shah was previously set to be the next CJP under the seniority principle.

However, the newly enacted 26th Constitutional Amendment has brought numerous changes pertaining to the judiciary, among which is the process of appointing the CJP.

Under amendments to clause 3 of Article 175A, instead of the president appointing the “most senior judge of the Supreme Court” as the CJP, the top judge will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” SC judges.

After Justice Shah, the next two senior apex court judges are Justices Munib Akhtar and Yahya Afridi.

The SPC, which was formed a day ago by National Assembly Speaker Ayaz Sadiq, comprises eight MNAs and four senators nominated by their respective parliamentary leaders. Political parties have representation in the committee based on their strength in the parliament.

The committee comprises PML-N’s Khawaja Asif, Ahsan Iqbal, Shaista Pervaiz Malik and Senator Azam Nazeer Tarar; PPP’s Raja Pervez Ashraf, Naveed Qamar and Senator Farooq H. Naek; Sunni Ittehad Council’s Hamid Raza; PTI-affiliated MNA Gohar Khan and Senator Ali Zafar; Muttahida Qaumi Movement-Pakistan MNA Rana Ansar; and Jamiat Ulema-i-Islam-Fazl’s Senator Kamran Murtaza.

According to a notification issued by the NA secretariat, an in-camera meeting of the special committee will take place today at 4pm.

However, according to a post on PTI MNA Sheikh Waqas Akram’s X account, the party’s political committee decided that the PTI would not participate in the meeting.

In a statement on X, PTI leader Zulfi Bukhari said: “Of course, we will not be part of any parliamentary committee. We believe not only the amendments but in the manner they were passed it self was illegal.

“Why would we legitimise them and be part of this mafia that is destroying the independence of our judiciary?” he asked rhetorically. “We are not going to part take in parliamentary committee, loud and clear.”

Under the recent amendment, the committee would send the nominee’s name to Prime Minister Shehbaz Sharif, who shall forward the same to President Asif Ali Zardari for the appointment.

The Karachi Bar Association has criticised the “non-transparent and hasty manner” in which the 26th Amendment was passed. It said there was no justifiable reason to deny the appointment of Justice Shah as the next chief justice.

Lawyers’ leaders have vowed to launch a protest movement against the Amendment along the same lines as the one in 2007.

PTI issues show-cause notices

Separately, the PTI issued show-cause notices to its lawmakers who it deemed to have violated “established party directives”.

The party has planned legal action against its lawmakers who voted for the amendment, going against the party lines — namely PTI-backed independent MNAs Zahoor Qureshi, Aurangzeb Khichi, Usman Ali and Mubarak Zeb.

“The party hereby issues a show cause notice to several individual party members for actions deemed to contravene established party directives,” Akram said in a post on X.

He stressed: “Clear instructions were communicated to remain within the designated safe area; however, we regrettably lost all contact.”

Akram clarified that while the party members were “not observed participating in the voting for the constitutional amendment”

However, he added, “due to their failure to comply with the explicit instructions to remain in the designated safe area, the party has reason to suspect that they may have been compromised”.

“These individuals are required to provide a comprehensive articulation of their positions. Upholding party unity is of paramount importance,” Akram said.

While speaking to Geo News on Monday night, PTI Secretary General Salman Akram Raja said that leaders who had lost contact with the party on the day of the voting would come under the party’s scrutiny.

He added that PTI MNA Zain Qureshi, the son of incarcerated former foreign minister Shah Mahmood Qureshi, was one of those leaders.

Earlier on Monday, Qureshi had denied rumours that he had voted in favour of the Amendment. “I completely condemn and deny this,” he said in a video message posted on X.

DAWN NEWS
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This truly looks like the end of Judicial independence in Pakistan. Even if, by some chance, someone like Imran who's not in the lap of the military comes to power, why would they relinquish the ability to decide the Chief Justice of Pakistan? A huge step into the blackhole of permanent junta type dictatorship.
 
Red-Indian said:
This truly looks like the end of Judicial independence in Pakistan. Even if, by some chance, someone like Imran who's not in the lap of the military comes to power, why would they relinquish the ability to decide the Chief Justice of Pakistan? A huge step into the blackhole of permanent junta type dictatorship.
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If Imran comes back he will also be hand in hand with the military.

They have had a "never again" moment now and won't let anyone in the saddle who doesn't toe the line.

Back in the 90s and early 00s there was some incentive to try and pretend to be a democracy as it would help when Infront of western countries. But now western countries have shown they are ok with embracing authoritarian regimes and countries like Russia, Iran and China have showed there is a pathway for progress without democracy.

As sad it is an out and out junta would be more preferable to this shamocracy. The military would still rule but it would remove a whole section of corrupt politicians who are just there as middle managers putting on a democratic face.
 
DeadlyVenom said:
If Imran comes back he will also be in the lap of the military.

They have had a "never again" moment now and won't let anyone in the saddle who doesn't toe the line.

Back in the 90s and early 00s there was some incentive to try and pretend to be a democracy as it would help when Infront of western countries. But now western countries have shown they are ok with embracing authoritarian regimes and countries like Russia, Iran and China have showed there is a pathway for progress without democracy.

As sad it is an out and out junta would be more preferable to this shamocracy. The military would still rule but it would remove a whole section of corrupt politicians who are just there as middle managers putting on a democratic face.
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Yes the military will be getting more and more confident now. They've succeeded at suppression of the public will at the worst possible time and gotten away with it. The public is always a fickle thing and just political suppression doesn't usually bring them out into the streets. It has to be tied to dire economic circumstances. What the military has achieved in the last 2 years in Pakistan is remarkable (in a bad way) - in the midst soaring inflation, tight import controls, severe shortages of foreign currency to have imprisoned the wildly popular leader and smother down any reaction to it would have them, as you say, a lot of confidence.

Now it only gets easier. The IMF deal is done, global interest rates are falling and money will get easier to borrow. If Iran-Israel doesn't break out into a full conflict, even oil gets cheaper which is a huge boost to an economy like Pakistan's. Also as you say, the big Western democracies have cut down even lip service to democracy in developing countries. China and Russia could care less anyway. As long as they co-operate on stuff like sanctions, it'll be a free hand.

The only issue is that all this only leads to indefinite treading water. No real progress unless they're able to address the fundamental problems.
 
So BNP senators go pantless with floor crossing, BNP chairman arranges a presser where the rebel senators narrate their story of being victimised by Est.

Guess what a couple of hours later , rebel senator nullify his presser claiming he was forced by the Party head.
 
Justice Yahya Afridi to take oath as CJP on Oct 26 after president approves appointment

Justice Yahya Afridi, who was nominated by a Special Parliamentary Committee (SPC) last night, is set to take oath as the next chief justice of Pakistan (CJP) on Saturday.

CJP Qazi Faez Isa is set to retire as the top judge on October 25.

Following the passage of the 26th Amendment, the top judge was to now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” SC judges.

Previously, the president used to appoint the “most senior judge of the Supreme Court” as the CJP, according to which senior puisne judge Mansoor Ali Shah was earlier set to assume the position.

Justice Afridi is the third judge on the SC seniority list (excluding the incumbent CJP), with Justice Munib Akhtar being the second most senior judge among those considered by the SPC.

President Asif Ali Zardari appointed Justice Afridi as the CJP under clause 3 of Article 175A read with Articles 177 and 179 of the Constitution, according to a notification issued by the Ministry of Law and Justice today.

It stated that the president was pleased to appoint Justice Afridi as the next chief justice “for a term of three years with effect from” October 26.

In a post on X, PTV News said President Zardari also approved October 26 as the date for administering Justice Afridi the oath for the role.

However, a provision in clause (3) of Article 175A details scenarios in case the judge nominated by the SPC “declines” to assume the role.

As per the amendment, in case the first nominee declines, one judge from the remaining two shall be nominated. If they too decline, the job may be offered to the third judge. And in case all three refuse, the next in the seniority line after the top three can also be brought into contention.

Born on Jan 23, 1965, Justice Afridi is set to become the 30th CJP. He took oath as the youngest chief justice of the Peshawar High Court in December 2016, and then was elevated to the Supreme Court in June 2018.

Information Minister Attaullah Tarar said the nomination had been made in an “extremely transparent and democratic manner while considering the parliament’s supremacy under the new constitutional amendment”.

“Looking at the principle of seniority, it can be inferred that Saqib Nisar did not elevate Justice Yahya Afridi to the Supreme Court even though he was senior to Justice Mansoor Ali Shah and Justice Munib Akhtar,” he claimed in a post on X.

Parliamentary committee meeting

The SPC decision was taken on late Tuesday night during an in-camera meeting of the panel held at Parliament House.

The SPC, formed for the first time on Monday by National Assembly Speaker Ayaz Sadiq, comprises eight MNAs and four senators nominated by their respective parliamentary leaders.

Political parties, both from the government and the opposition, have representation in the committee based on their strength in the parliament.

However, despite efforts to convince it to attend the meeting, the PTI and its ally Sunni Ittehad Council (SIC) stayed away from the proceedings to protest the constitutional amendments that gave birth to the committee.

In the absence of the PTI and SIC, only nine members met. Out of them, eight voted for Justice Afridi, while the lone voice in support of senior puisne judge Mansoor Ali Shah was from JUI-F leader Kamran Murtaza, sources told Dawn.

The committee officially comprises PML-N’s Khawaja Asif, Ahsan Iqbal, Shaista Pervaiz Malik and Azam Nazeer Tarar; PPP’s Raja Pervez Ashraf, Naveed Qamar and Senator Farooq H. Naek; SIC’s Hamid Raza; PTI-affiliated MNA Gohar Khan and Senator Ali Zafar; Muttahida Qaumi Movement-Pakistan MNA Rana Ansar; and Jamiat Ulema-i-Islam-Fazl Senator Kamran Murtaza.

DAWN NEWS
 
DeadlyVenom said:
If Imran comes back he will also be hand in hand with the military.

They have had a "never again" moment now and won't let anyone in the saddle who doesn't toe the line.

Back in the 90s and early 00s there was some incentive to try and pretend to be a democracy as it would help when Infront of western countries. But now western countries have shown they are ok with embracing authoritarian regimes and countries like Russia, Iran and China have showed there is a pathway for progress without democracy.

As sad it is an out and out junta would be more preferable to this shamocracy. The military would still rule but it would remove a whole section of corrupt politicians who are just there as middle managers putting on a democratic face.
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Was looking at the article on Dawn on this Constitutional amendment and saw this weird add on at the end

Fourth Schedule​

Point 2 of Part 1 in the Fourth Schedule now reads: “Military, naval and air force works; local self-government in cantonment areas; local taxes, fees, cess, charges, tolls in such areas; the constitution and powers within such areas of cantonment authorities, the regulation of house accommodation in such areas, and the delimitation of such areas.”

The addition made is: “local taxes, fees, cess, charges, tolls in such areas”.
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Seems a bit weird to give powers to the military to move into stuff like collecting taxes, fees etc. in cantonment areas. They already had the power of regulation and delimitation but this is another step to creating a State within a State if they start managing their own taxes.
 
Red-Indian said:
Was looking at the article on Dawn on this Constitutional amendment and saw this weird add on at the end


Seems a bit weird to give powers to the military to move into stuff like collecting taxes, fees etc. in cantonment areas. They already had the power of regulation and delimitation but this is another step to creating a State within a State if they start managing their own taxes.
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They don't really care about state within a state anymore. They are the state.

PTI believe that if Trump wins that it will help Imran. I believe the exact opposite. If Trump wins he will be quite happy dealing with a strong man army chief. All other Pakistani allies or partners don't really care either. I suspect that in the next few years the pretence of being a democracy will have disappeared completely.
 
Red-Indian said:
Was looking at the article on Dawn on this Constitutional amendment and saw this weird add on at the end


Seems a bit weird to give powers to the military to move into stuff like collecting taxes, fees etc. in cantonment areas. They already had the power of regulation and delimitation but this is another step to creating a State within a State if they start managing their own taxes.
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Which bit is difficult to understand- we have had a millitary coup and The fact that the "PM" had no clue about what was in the bill for the amendment shows you where we are
 
DeadlyVenom said:
They don't really care about state within a state anymore. They are the state.

PTI believe that if Trump wins that it will help Imran. I believe the exact opposite. If Trump wins he will be quite happy dealing with a strong man army chief. All other Pakistani allies or partners don't really care either. I suspect that in the next few years the pretence of being a democracy will have disappeared completely.
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Trump is not a friend of PK or IK, Trump is a friend of Trump. Ultimately PKs abroad have to do their bit to help PKs at home. We must use our votes and money to have sanctions imposed on this retarded and criminal mafia.
 
DeadlyVenom said:
They don't really care about state within a state anymore. They are the state.

PTI believe that if Trump wins that it will help Imran. I believe the exact opposite. If Trump wins he will be quite happy dealing with a strong man army chief. All other Pakistani allies or partners don't really care either. I suspect that in the next few years the pretence of being a democracy will have disappeared completely.
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Yeah these Pakistani and Indian uncles associations pretending they're supporting Trump based on relations with India and Pakistan is pure bunkum.

They're just the natural audience for Trump. Well-to-do (both groups tend prosperous) and deeply conservative. They don't want the higher taxes, welfare and liberal policies the Dems will bring.

Trump will impact nothing with regards to India and Pakistan. There's never been a US President less interested in foreign affairs. If he does become President, I doubt he'll mention the words Pakistan or Imran Khan for the first couple of years.

The only country outside the US likely to be impacted by Trump is poor Ukraine.
 
Constitutional bench: PPP to table resolutions in assemblies

The PPP has decided to table and pass resolutions in Sindh and Baluchistan assemblies for formation of constitutional benches in the provinces.

It is to be mentioned here that the passage of a resolution in a provincial assembly with simple majority, is necessary for constitution of benches under clause-7 of the Article 202-A of the newly passed 26th Constitutional Amendment.

The Pakistan People’s Party has decided to get resolutions passed promptly in Sindh and Baluchistan assemblies, where it is enjoying majority in provincial houses.

The party has instructed to all its provincial legislators to cast their votes compulsorily, sources said.

The Sindh Assembly is likely to be summoned today for resolution required for the constitutional benches.

Sources said that the constitutional benches could not be formed in Khyber Pakhtunkhwa owing to the provincial government’s stance over the matter.

The PML-N as the ruling party is also expected to get passing of the resolution from Punjab Assembly for provincial constitutional benches.

arynews.tv

Constitutional bench: PPP to table resolutions in assemblies

Pakistan People's Party (PPP) has decided to table resolutions in Sindh and Baluchistan assemblies for formation of constitutional benches in provinces.
arynews.tv
 
26th constitutional amendment challenged in SC

The 26th constitutional amendment has been challenged in the Supreme Court's Lahore Registry.

The federal government and the Ministry of Law have been made parties in the petition. The petitioner has argued that preventing a specific bench from hearing certain cases obstructs the judiciary's independence.

The petitioner further states that setting a principle for the appointment of judges from the three most senior judges and requiring retirement before the age of 65 undermines the judiciary's autonomy.

Additionally, the extension of the chief election commissioner until a new commissioner is appointed is described as undemocratic and against the constitution.

The petition requests the court to declare sections 7, 8, 9, 10, 13, 14, 17, 18, and 22 of the amendment unconstitutional and void, and to suspend the gazetted notification of the 26th constitutional amendment.


dunyanews.tv

26th constitutional amendment challenged in SC

Plea requests court to declare sections 7, 8, 9, 10, 13, 14, 17, 18, and 22 of amendment void
dunyanews.tv dunyanews.tv
 
Pakistan rejects UN body’s statement on constitutional amendment

Pakistan rejected the statement made by the Office of the United Nations High Commissioner for Human Rights (OHCHR) regarding the 26th constitutional amendment, saying it is based on misinformation and inaccurate understanding of the developments in the country.

At her weekly news briefing in Islamabad on Thursday, Foreign Office Spokesperson Mumtaz Zahra Baloch said the OHCHR made unwarranted and misplaced conclusions based on media reports, social media posts, and speculative analysis of manifestly political nature.

The spokesperson advised the OHCHR to focus on actua and grave situation of human rights violations where either the international human rights have been rendered ineffective or draconian laws are enacted to oppress the illegally occupied peoples.

When asked about the blacklisting of about two dozen companies by the US, Mumtaz Zahra Baloch said Pakistan considers the latest action as biased and politically motivated.

Mumtaz Zahra Baloch said that similar listings of commercial entities in the past were based on mere suspicion. She said it involved items not listed under export control regime and yet were considered sensitive under broad catch-all provisions.

She said it is widely known that some countries while claiming strict adherence to non-proliferation norms have conveniently waived licensing requirements for advanced military technologies to their favourite nations. She said such double standards and discriminatory practices undermine the credibility of global nonproliferation regimes, increase military asymmetries and endanger international peace and security.

The spokesperson confirmed that Prime Minister Shehbaz Sharif has written a letter to the US President requesting for a favourable consideration of Dr. Aafia Siddiqui’s mercy petition on humanitarian grounds. She said Pakistan has remained in contact with the US to extend all possible support for Dr. Aafia Siddiqui’s welfare.

Responding to a question, Mumtaz Zahra Baloch said Pakistan has never accepted the validity of Indian constitution in the Indian Illegally Occupied Jammu and Kashmir. She said the people of Jammu and Kashmir shall decide their own future on the basis of the UN Security Council resolutions.

arynews.tv

Pakistan rejects UN body’s statement on constitutional amendment

Pakistan rejected the statement made United Nations' (N) Body regarding the 26th constitutional amendment. terming it based on misinformation
arynews.tv
 

Justice Shah ‘disassociate’ himself from special bench constituted under amended practice law​


Justice Mansoor Ali Shah of the Supreme Court has refused to become a member of special bench formed by the judges committee established under the SC (Practice and Procedure Act), 2023, for the purpose of assigning cases.

In a letter to Chief Justice Qazi Faez Isa, the senior puisne judge stated he was unable to participate in the bench for the same reasons that he mentioned in his letter to the committee secretary dated September 23.

In the previous letter, the senior puisne judge had expressed concerns over the Supreme Court (Practice and Procedure Act), 2023, that deals with the affairs of the top court including the formation of benches.

The ordinance, promulgated in September this year, empowers the chief justice to nominate a judge of his choice in the committee that constitutes the benches. As per the ordinance, the body will comprise the chief justice, the most senior judge after the CJP and the judge nominated by Justice Isa.

Justice Shah had expressed reservations over the "cherry-picking" and removal of Justice Munib Akhtar from the said committee. He had said within hours of the promulgation of the ordinance, the judges committee was reconstituted and Justice Munib was removed from the composition of the committee.

This, he had said few days after CJP Isa had appointed Justice Amin-Ud-Din Khan to the three-member judges' committee, excluding Justice Munib hours after the promulgation of the new practice law.

Justice Shah, in his letter, had noted that no reasons were given as to why the second senior most judge, Justice Akhtar, was removed from the composition of the committee. “Furthermore, no reasons were given why the next senior most judge was ignored and instead, the fourth senior most judge was nominated as a member of the Committee.”

“Such unfortunate cherry picking and undemocratic display of one-man show are precisely what the Act tried to discourage and replace-a stance that was upheld by the Full Court Bench of this Court in Raja Amer,” he had written.

In response to Justice Mansoor’s letter, CJ Isa on September 26 gave 11 reasons to justify his action.

In his letter, the CJP had said legally he could not be asked about why he nominated a judge as the committee’s third member. Still, the chief justice had provided the reasons for his action, saying he did it because he "always advocated accountability and transparency".

In his October 23 letter, the senior judge made his participation in the special bench conditional, saying that “until the full court bench determined the constitutional validity of the promulgation of the ordinance as well as of the amendments made thereby or the judges of the SC resolve to act upon these amendments in a full court meeting pending adjudication upon the constitutionality thereof, or the earlier committee comprising the HCJP and two senior most judges is restored, I will not participate in special benches formed by the new committee and will only attend sittings of the regular benches to hear the cases of ordinary litigants in the larger public interest."

For those reasons, he said, he disassociated himself from the bench constituted in this matter.

On this occasion, he said, he was reminded of a quote from 'A Man for all Seasons', where Sir Thomas More said: "I think that when statesmen forsake their own private conscience for the sake of their public duties, they lead their country by a short route to chaos."

He added: "When in power, we often forget that people of this country are watching our actions, and that history never forgives."

www.thenews.com.pk

Justice Shah ‘disassociate’ himself from special bench constituted under amended practice law

ISLAMABAD: Justice Mansoor Ali Shah of the Supreme Court has refused to become a member of special bench formed by the judges committee established under the SC , 2023, for the purpose of assigning...
www.thenews.com.pk www.thenews.com.pk
 
JI to challenge 26th Amendment in Court, says Hafiz Naeem

Talking to media after the tree plantation campaign in Lahore, Hafiz Naeem criticized Pakistan Tehreek-e-Insaf (PTI) for its stance, stating that PTI seems to have been trapped on the amendment.

He also questioned PTI’s decision to avoid voting despite agreeing with Maulana Fazlur Rehman on the amendment.

Talking to media after the tree plantation campaign in Lahore, Hafiz Naeem criticized Pakistan Tehreek-e-Insaf (PTI) for its stance, stating that PTI seems to have been trapped on the amendment.

He also questioned PTI’s decision to avoid voting despite agreeing with Maulana Fazlur Rehman on the amendment.

arynews.tv

JI to challenge 26th Amendment in Court, says Hafiz Naeem

Hafiz Naeem-ur-Rehman, announced its party’s decision to challenge the recently passed 26th Constitutional Amendments in Court.
arynews.tv
 
With glaring loopholes in 26th am. Govt. mulling over another ammendment, in coming days these legislation will cause alot of headache for the people concerned
 
Incarcerated Imran Khan terms 26th Amendment 'attack on Constitution'

In a meeting with Pakistan Tehreek-e-Insaf (PTT) lawyers held on the Islamabad High Court (IHC) orders, party founder Imran Khan termed the newly enacted 26th Constitutional Amendment, which empowers parliamentarians to pick chief justice, an "attack on Constitution of Pakistan."

Speaking to journalists after the meeting, PTI lawyer Faisal Chaudhry said that the incarcerated former prime minister has expressed displeasure over the 26th Constitutional Amendment.

"The PTI founder said the nation has been tyrannised by this act," the lawyer said, adding that Khan refused to comment on appointment of Justice Yahya Afridi as next Chief Justice of Pakistan (CJP).

Faisal further said that the deposed premier has lauded the PTI workers and supporters for their sacrifices. "PTI founder is not afraid of any adversity," he added.

He noted that they were making efforts to reduce hardships being faced by the PTI founder.

Chaudhry claimed that the PTI founder is kept in a six by eight cell, adding that he has been subjected to psychological torture.

"An application will be filed in IHC against the circumstances the former premier is being kept."

Furthermore, he said Imran has instructed the leaders to lead from the front.

For his part, PTI leader Shoaib Shaheen said that such "state terrorism" is unprecedented, adding that the jailed party founder was unaware of the passage of 26th Amendment and Justice Yahya's appointment.

"We informed him about the developments, including the bail of his wife Bushra Bibi," he said, adding that Imran expressed satisfaction over his spouse's release.

The meeting came after the IHC ordered the Adiala Jail authorities to allow meeting between the incarcerated former premier and his lawyers.

The order came against the backdrop of the PTI’s ongoing strenuous efforts to secure its founder's release.

Earlier, the court ordered the Adiala jail administration to present the PTI founder before the it today at 3pm.

"Bring the PTI founder, he will have a meeting with his lawyers," said the IHC during the hearing of a contempt of court case against the Adiala Jail superintendent.

The jailed politician has been behind bars at the Adiala facility for more than a year due to being embroiled in a plethora of legal cases following his ouster from power in April 2022.

Despite securing relief in many case, the PTI founder remains incarcerated after he was booked in new Toshakhana case related to illegal sale of state gifts.

Khan, along with his wife Bushra Bibi were arrested in the said case soon after their acquittal in the iddat case — also known as the un-Islamic nikah case in July this year.

www.geo.tv

Incarcerated Imran Khan terms 26th Amendment 'attack on Constitution'

Khan refuses to comment on Justice Afridi's appointment as CJP.Ex-PM Imran Khan not afraid of any adversity, says PTI lawyers. Jailed former premier instructs PTI leaders to lead from the front.ISLAMABAD: In a meeting with...
www.geo.tv www.geo.tv
 
I guess if Full court hears the case against it, then it will surely get striked down soon
 
JI to challenge 26th Amendment in Court, says Hafiz Naeem

Amir Jamaat-e-Islami (JI) Pakistan, Hafiz Naeem-ur-Rehman, announced its party’s decision to challenge the recently passed 26th Constitutional Amendments in Court, ARY News reported on Thursday.

Talking to media after the tree plantation campaign in Lahore, Hafiz Naeem criticized Pakistan Tehreek-e-Insaf (PTI) for its stance, stating that PTI seems to have been trapped on the amendment.

He also questioned PTI’s decision to avoid voting despite agreeing with Maulana Fazlur Rehman on the amendment.


arynews.tv

JI to challenge 26th Amendment in Court, says Hafiz Naeem

Hafiz Naeem-ur-Rehman, announced its party’s decision to challenge the recently passed 26th Constitutional Amendments in Court.
arynews.tv
 
Cricket Warrior said:
JI to challenge 26th Amendment in Court, says Hafiz Naeem

Amir Jamaat-e-Islami (JI) Pakistan, Hafiz Naeem-ur-Rehman, announced its party’s decision to challenge the recently passed 26th Constitutional Amendments in Court, ARY News reported on Thursday.

Talking to media after the tree plantation campaign in Lahore, Hafiz Naeem criticized Pakistan Tehreek-e-Insaf (PTI) for its stance, stating that PTI seems to have been trapped on the amendment.

He also questioned PTI’s decision to avoid voting despite agreeing with Maulana Fazlur Rehman on the amendment.


arynews.tv

JI to challenge 26th Amendment in Court, says Hafiz Naeem

Hafiz Naeem-ur-Rehman, announced its party’s decision to challenge the recently passed 26th Constitutional Amendments in Court.
arynews.tv
Click to expand...
The Munafiqs of JI suddenly reappear for relevance. The JI refused to give their form 47s to the PTI in Islamabad to protect the mafia.
 
JUI-F opposes potential 27th constitutional amendment

Talking to media in Islamabad, he stressed that JUI-F will strongly resist any attempt to made 27th amendment – Supreme Court Practice and Procedure Act.

Despite being in the opposition, Rehman said JUI-F has no intention of joining the government and is unaware of any “national government” proposal.

He criticized the final draft of the 26th amendment, which originally had 56 clauses, saying the finalized document strayed from the original draft.

“There is no constitutional crisis now,” he said, dismissing concerns of one arising.

Rehman condemned cases against politicians, violence at political rallies, and the arrests of party workers, adding that peaceful protest is a democratic right.

Maulana also extended his support to the new Chief Justice Yahya Afridi while welcoming a balanced role for Parliament in judiciary matters.

Commenting on general elections 2024, he maintained his stance against the February 2024 elections, labeling them flawed, and called for a re-election across the country.

He stressed the need for economic stability, called for resource-building efforts to address public issues.

Earlier in the day, the federal government decided to amend the Supreme Court Practice and Procedure Act.

As per the received details, the federal government has decided to propose an amendment in the Supreme Court Practice and Procedure Act – increase the number of SC judges – while the preparations are reportedly underway for the approval of the bill by Tuesday.

The members of Pakistan Muslim League – Nawaz (PML-N) will present the amendment bill in the house on Private Member’s Day, while sources close to the development claimed that Pakistan Peoples’ Party (PPP), PML-N and MQM-P members have been instructed to ensure their participation in the house.

Sources further revealed that the leadership of PML-N, PPP and MQM-P issued instructions to the members.

arynews.tv

JUI-F opposes potential 27th constitutional amendment

ISLAMABAD: The chief of Jamiat Ulema-e-Islam Fazl (JUI-F), Maulana Fazlur Rehman, declared firm opposition to a potential 27th constitutional amendment
arynews.tv arynews.tv
 
PTI to challenge 26th amendment in court, says Sheikh Waqas

Pakistan Tehreek-e-Insaf (PTI) leader Sheikh Waqas Akram has disclosed that decision to challenge the 26th constitutional amendment would be made on Monday.

He announced during Dunya News prgramme ‘Tonight with Samar Abbas’, that the PTI legal committee would decide on challenging amendment and called for a protest against the amendment.

Talking about rumors of deals behind Bushra Bibi and Imran Khan’s sisters release, he clarified that these baseless allegations were futile attempts of political opponents and asserted that Imran Khan had stressed to not involve women of his family in the politics.

Akram also reiterated that Bushra Bibi was a housewife and fake and illegal cases were made against her. There was no political consultation of party leaders with her.

The PTI leader revealed that Zain Qureshi had not tendered any resignation and baseless claims were being made.

It may be noted that the PTI rejected the 26th amendment in the constitution and boycotted voting process in the parliament.


Dunya News
 

Ruling allies gearing up for another amendment?​

After seeing the 26th Amendment to its logical conclusion, the ruling coalition is seemingly planning to table another constitutional amendment, colloquially known as the 27th amendment, aimed at reforming local governments and “addressing issues skipped in previous legislation”.

These details were divulged by sources following a meeting between Prime Minister Shehbaz Sharif and PPP Chairperson Bilawal Bhutto-Zardari in Lahore, attended by key leaders from both parties.

Although both parties did not release any official statements about the meeting’s agenda or the subsequent decisions, a brief press release issued by the PM Office said the country’s political situation was discussed in the meeting.

The statement quoted PM Shehbaz as saying that PPP was an important government ally, which had supported each and every step taken to ensure the country’s economic stability.

It said the PPP delegation lauded the government’s economic policies and reposed the party’s trust in the measures the government was taking in different sectors.

Media reports also claimed that the PPP chairperson stressed the need to work together for parliament and democracy. He reportedly said the recent amendment would keep the undemocratic forces in check.

PM Shehbaz appreciated the coalition parties for their support in the passage of the amendment by a two-thirds majority. He claimed that positive economic indicators were leading to a noticeable decrease in inflation.

At a subsequent appearance, Mr Bhutto-Zardari parried questions about the meeting, saying that he only met the premier to inform him of his ‘visit to Lahore for the polo match’.

A source, however, told Dawn the so-called ‘27th Amendment’ did feature in the discussions held at PM Shehbaz’s Model Town residence.

Both sides did discuss the contours of the new amendment to meet the demand of MQM-P for empowering local bodies, the third tier of government, besides some ‘other’ concerns, the source said without elaborating what these concerns were.

The MQM had supported the 26th Amendment on the condition that its demand concerning local governments would be taken up in the next amendment.

The list of those in attendance also hinted at the agenda of the discussions: ex-PM Raja Pervaiz Ashraf, Punjab Governor Sardar Saleem Haider, Syed Naveed Qamar and Barrister Murtaza Wahab attended from the PPP side, while Rana Sanaullah and Law Minister Azam Nazeer Tarar comprised the PML-N contingent.

According to PPP Punjab leader Barrister Amir Hasan, provincial affairs and some other matters came under discussion during the meeting between the PM and the PPP chief.

He said both the parties have to work jointly on a number of fronts, like implementing the unaccomplished agenda of the Charter of Democracy, amending the NAB laws, introducing further judicial reforms, curbing the trend of disgracing parliament and defaming politicians without any evidence.

Later on Sunday, PML-N stalwart Rana Sanaullah said the meeting agreed that the special parliamentary committee, where the 26th Amendment was hammered out, would continue to function.

Denying that any spadework had begun on the 27th Amendment, he said both PML-N and PPP leaders were unanimous in the view that their focus should be on the 26th Amendment and the next amendment, whenever it is taken up, would be tabled after a consensus.

He added that talks did not focus on bringing back any of the items that were discarded from the final draft of the 26th amendment.

Responding to a query, Mr Sanaullah said the constitutional benches proposed under the 26th amendment should not include controversial judges and said that Chief Justice Yahya Afridi should avoid heading these benches.

www.dawn.com

Ruling allies gearing up for another amendment?

Shehbaz, Bilawal meet in Lahore; MQM-P call for LG reforms; Rana Sanaullah says CJP shouldn’t head constitutional bench.
www.dawn.com
 
26th constitutional amendment challenged in SC

Recently, the National Assembly and Senate passed the bill with a two-thirds majority under which the term for the Chief Justice of Pakistan was set at three years.

As per details, President Supreme Court Bar Abid Zuberi and five other lawyers moved the Supreme Court against the 26th consittutional amendment citing it against the fundamental rights and constitution.

“Lawmakers cannot be forced to vote for constituional amendment.”

The petitioners further said that the formation of Parliament is ‘incomplete’ and passing such amendment is against the law. They further said the appointment of chief justice of Pakistan through a Parliamentary committee is ‘interference’ in the judiciary.

The apex court has been urged to strike down the 26th constitutional amendment.

arynews.tv

26th constitutional amendment challenged in SC

The Supreme Court (SC) has been moved against the recently passed 26th constitutional amendment, ARY News reported.
arynews.tv
 
An amendment to control the Judiciary needs another amendment because it had more holes than Swiss cheese. CJP needs to stop this rubbish and use his powers. Firstly, Qazi bulldozed 63a which had stopped floor crossing, so revisit this ASAP.
 
PTI decides to join body that will pick judges

As the PTI moved a contempt petition in the Supreme Court against the non-implementation of its July 12 judgement in the reserved seats case, the former ruling party on Monday decided to join the Judicial Commission of Pakistan (JCP), which was re-constituted to include parliamentarians in light of the 26th amendment.

The decision was made in a parliamentary party meeting chaired by PTI leader Omar Ayub, who is also the National Assembly opposition leader. The meeting also decided to take strict action against party members who allegedly betrayed the party and its leadership.

It may be noted that the PTI recently issued show-cause notices to lawmakers Zain Qureshi, Riaz Fatyana, Aslam Ghumman, and Miqdad Ali Khan for violating party discipline in the lead-up to the passage of the 26th amendment.

Besides endorsing the decision of the political committee, the PTI meeting also approved the schedule of protests and public meetings. According to details, the PTI meeting discussed the prevailing situation after the passage of the 26th Constitutional Amendment and different options, including legal action, were considered to challenge the new legislation.

The participants of the meeting were of the view that Imran Khan had been imprisoned by the government for ‘political gains’. It may be noted that the PTI leader has been in jail for more than one year.

On the other hand, PTI lawmaker Asad Qaiser lambasted the amendment in the National Assembly session, saying the amendment was approved in an “unethical and illegal way”. “Our legislators were threatened, pressurised, and their children were arrested. All possible efforts were made to get their votes. I cannot understand how Bilawal Bhutto became part of it. Houses of legislators were bulldozed and their land was occupied,” he claimed.

Plea against CEC

Earlier in the day, PTI leader Kanwal Shauzab moved a contempt of court petition before the Supreme Court against Chief Election Commissioner (CEC) Sikandar Sultan Raja and four members of the Election Commission of Pakistan (ECP) for not complying with the July 12 judgement of the Supreme Court in the reserved seats case.

Filed through Advocate Salman Akram Raja, the petition implored that the apex court through the July 12 judgement had ordered the ECP to take steps for the election on seats reserved for women and non-Muslims in the National Assembly of Pakistan as well as the provincial assemblies.

The directions were issued to ensure that the seats won in the Feb 8 general elections by the PTI as per the detailed findings and procedures laid down in the judgement of the Supreme Court were taken into account while determining the allocation of the reserved seats.

In light of the ruling, the contempt petition pleaded that pursuant to the judgement two clarifications were also issued by the Supreme Court which left no doubt whatsoever that the PTI was entitled to the reserved seats proportionate to the seats in the National and the provincial assemblies.

The petition pleaded that the ECP had yet to act upon the judgement of the July 12 judgement and complete the process of election of women and non-Muslims on the reserved seats in the National and provincial assemblies.

The deliberate and contumacious failure to act in accordance with the judgement of the Supreme Court rendered the CEC as well as the four members of the ECP liable to proceedings for the contempt of the judgement of the apex court.

Reserved seats judgement

According to the July 12 order, the court declared that the majority judgement by eight judges had held that 39 out of 80 MNAs belonged to the PTI. The rest of the 41 independent candidates had to file duly signed and notarised statements before the commission within 15 days explaining that they contested the Feb 8 general elections as a candidates of a particular political party. The statements have so far been filed.

If such a statement was filed, ECP within seven days will give notice to the concerned political party seeking within 15 days a confirmation that MNAs contested the election as its candidates.

Thereafter ECP under Article 51 of the Constitution will post on its website, a list of the returned candidates and will submit a compliance report before the SC.

DAWN NEWS
 
Those who voted for 26th Constitutional Amendment committed treason: Khan

Those who voted in favour of the 26th Constitutional Amendment have committed treason against Pakistan, former prime minister Imran Khan said on Tuesday as his party inquires into complaints of party violation by lawmakers.

“I want to make it clear that anyone who voted for the 26th Constitutional Amendment has undermined the foundations of the Constitution of Pakistan and betrayed the nation,” he told reporters at the Adiala Jail.

The government narrowly passed constitutional amendments on October 21 giving lawmakers more power to appoint top judges, who have issued a series of recent decisions favouring opposition chief Imran Khan.

The judicial reforms changed the appointment process of the chief justice of Pakistan and the formation of benches. It also set a date for the end of riba (interest-based banking) “as far as practicable by January 1, 2028.”

According to reports, some lawmakers from Imran Khan’s party defected and were in favour of voting for the amendment despite the party’s decision to oppose it.

As many as 21 Pakistan Tehreek-e-Insaf members of the National Assembly defected during the 26th Constitutional Amendment vote earlier this month, PTI lawmaker Sher Afzal Marwat said while appearing on Aaj News programme Spotlight with Munizae Jahangir on Monday.

Khan described the “mental anguish” he has experienced while being confined, calling it a “deplorable and shameful act.” He alleged that he was treated worse than animals, noting that the power in his cell was cut for five days, leaving him in “complete darkness” and he was not allowed outside for 10 days.

He claimed that for several weeks, his doctors, family, and lawyers were barred from visiting him.

The PTI founder added that he remains committed to fighting for the “Haqeeqi Azadi [true freedom]” of the Pakistani people despite such hardships and torture aimed at breaking him.


english.aaj.tv

Those who voted for 26th Constitutional Amendment committed treason: Khan

Claim for several weeks, his doctors, family, and lawyers were barred from visiting him
english.aaj.tv
 
26th Amendment dismantles constitutional checks & balances: ex-PM Abbasi

Former prime minister and Awaam Pakistan (AP) party convener Shahid Khaqan Abbasi on Tuesday said that the 26th Amendment had dismantled the structure of checks and balances established by the Constitution, making the judiciary subordinate to the executive.

Speaking to the legal community on the invitation of the Karachi Bar Association (KBA) at the new bar room in City Courts, he said: “There’s no doubt that lawmaking is the domain of parliamentarians, but this parliament was born out of a stolen election, with the 26th Amendment as a glaring example.”

“Those who were willing to pass the amendment without even reading it are now the ones who will be involved in selecting judges,” he added.

The AP convener said: “Parliament can’t alter the basic structure of the Constitution. When the Constitution was being formulated, a framework was established that included a structure of checks and balances. Today that structure has been dismantled through this amendment.”

Mr Abbasi said that earlier the judiciary was engaged in politics as the former chief justice was used to constituted benches on his will, but the solution was not to “cut off the head to cure a headache”.

Referring to former chief justice Qazi Faez Isa — who retired on Oct 25 — he said that when attempts were being made to remove him, everyone stood by his side. However, it was unfortunate that the same Faez Isa had “created obstacles” for the upcoming chief justice, he said while referring to Justice Mansoor Ali Shah.

“The government is bent on destroying state institutions to strengthen its own grip on power,” the AP leader said, adding that the government amended laws to prevent the judiciary from raising any objections, ensuring no one held it accountable.

He said that under the new amendment, a committee — comprising representatives from a “few major parties” — would oversee the selection of judges.

Mr Abbasi emphasised that only those judges should be appointed who had undergone a system of accountability that assessed their qualifications, assets, and entire life conduct.

He added that stakeholders should have been consulted before making such an amendment. The amendment had set a record as the fastest amendment ever passed in the country, if not the world, he observed.

Criticising the government, Mr Abbasi said it had no concern for the public; for two months, it had been hidden behind containers in Islamabad, blocking roads out of fear of the people.

He urged that it was a time to “foster unity”, but the government was still creating further discord.

Meanwhile, former finance minister and party leader Miftah Ismail also criticised the government’s economic policies, stating that it had done nothing to improve the country’s economy.

Criticising Prime Minister Shehbaz Sharif, he said: “He claims that inflation has decreased, but in reality, prices have not gone down. Instead, only the pace at which inflation was rising has slowed.”

DAWN NEWS
 
Was the constitutional change actually in the PMLN/PPP manifesto?
 
Fazl says constitutional amendment strengthened parliament

Jamiat Ulema-i-Islam-Fazl chief Maulana Fazlur Rehman on Wednesday said the recent constitutional amendment had strengthened parliament and democracy in the country.

Addressing a party event at the Jamia Maarif al-Sharia seminary here, the JUI-F leader complained that people were called traitors for advocating for rights and resources.

He said the people of provinces had the constitutional right to their own resources but when they spoke about them, they’re called traitors.

“We will not allow those rights to be usurped,” he said.

Mr Fazl insisted that there was no “systematic approach” to fight terrorism and establish peace and even, the US and China were manipulated in the name of terrorism and resources were appropriated under that pretext. He said under the Constitution, Pakistan was an Islamic republic and not a secular state.

The JUI-F chief said the government in the country won’t be established against the will of the people, while democracy should align with the teachings of Quran and Sunnah.

He complained about the authorities’ failure to follow the recommendations of the Islamic Council of Ideology.

Mr Fazl, however, said the government was bound by the 26th Constitutional Amendment to lay the CCI’s recommendations before parliament and enforce them.

He complained that armed groups freely roamed in parts of KP, instilling fear among residents. The JUI-F chief said efforts were under way to sow discord among provinces to weaken the state.

He said he showed solidarity with the Shanghai Cooperation Organisation in national interest.

Mr Fazl complained about genocide in Palestine and urged Islamic countries to take “decisive action” to check it.

DETENTION OF POLITICAL PRISONERS: JUI-F chief Maulana Fazlur Rehman on Tuesday opposed the detention of all politicians, including Pakistan Tehreek-i-Insaf chief Imran Khan.

Talking to reporters here, Mr Fazl said snap elections were required to prevent the current political situation in the country from worsening.

He said that the military establishment would have to be separated from the electoral process so that its political maneuvering to form the governments of its own choice could stop.

The JUI-F leader said the original draft 26th Constitutional Amendment had 56 clauses but he got them reduced to 22.

He claimed that had he not spoken to the government about the 26th Constitutional Amendment, it would have “bought 11 votes” to get the bill passed by parliament. Mr Fazl said the PTI was happy with the way he handled the matter.

“We saved the country from a political crisis and strengthened parliament,” he said.

The JUI-F leader said the law and order situation in Khyber Pakhtunkhwa and Balochistan provinces was poor and therefore, he was constantly raising alarm about it.

FIRE DESTROYS TREES: A large fire broke out in the chilgoza and olive forests in Koh-i-Sulaiman Range of Darazinda tehsil here, destroying many trees.

An official of Rescue 1122 said a 16-member team of firefighters from all local rescue stations, including Station-55 Darazinda, was busy extinguishing the fire with necessary equipment. Residents complained that millions of rupees worth of forests were burnt by fires every year.

DAWN NEWS
 
BouncerGuy said:
Fazl says constitutional amendment strengthened parliament

Jamiat Ulema-i-Islam-Fazl chief Maulana Fazlur Rehman on Wednesday said the recent constitutional amendment had strengthened parliament and democracy in the country.

Addressing a party event at the Jamia Maarif al-Sharia seminary here, the JUI-F leader complained that people were called traitors for advocating for rights and resources.

He said the people of provinces had the constitutional right to their own resources but when they spoke about them, they’re called traitors.

“We will not allow those rights to be usurped,” he said.

Mr Fazl insisted that there was no “systematic approach” to fight terrorism and establish peace and even, the US and China were manipulated in the name of terrorism and resources were appropriated under that pretext. He said under the Constitution, Pakistan was an Islamic republic and not a secular state.

The JUI-F chief said the government in the country won’t be established against the will of the people, while democracy should align with the teachings of Quran and Sunnah.

He complained about the authorities’ failure to follow the recommendations of the Islamic Council of Ideology.

Mr Fazl, however, said the government was bound by the 26th Constitutional Amendment to lay the CCI’s recommendations before parliament and enforce them.

He complained that armed groups freely roamed in parts of KP, instilling fear among residents. The JUI-F chief said efforts were under way to sow discord among provinces to weaken the state.

He said he showed solidarity with the Shanghai Cooperation Organisation in national interest.

Mr Fazl complained about genocide in Palestine and urged Islamic countries to take “decisive action” to check it.

DETENTION OF POLITICAL PRISONERS: JUI-F chief Maulana Fazlur Rehman on Tuesday opposed the detention of all politicians, including Pakistan Tehreek-i-Insaf chief Imran Khan.

Talking to reporters here, Mr Fazl said snap elections were required to prevent the current political situation in the country from worsening.

He said that the military establishment would have to be separated from the electoral process so that its political maneuvering to form the governments of its own choice could stop.

The JUI-F leader said the original draft 26th Constitutional Amendment had 56 clauses but he got them reduced to 22.

He claimed that had he not spoken to the government about the 26th Constitutional Amendment, it would have “bought 11 votes” to get the bill passed by parliament. Mr Fazl said the PTI was happy with the way he handled the matter.

“We saved the country from a political crisis and strengthened parliament,” he said.

The JUI-F leader said the law and order situation in Khyber Pakhtunkhwa and Balochistan provinces was poor and therefore, he was constantly raising alarm about it.

FIRE DESTROYS TREES: A large fire broke out in the chilgoza and olive forests in Koh-i-Sulaiman Range of Darazinda tehsil here, destroying many trees.

An official of Rescue 1122 said a 16-member team of firefighters from all local rescue stations, including Station-55 Darazinda, was busy extinguishing the fire with necessary equipment. Residents complained that millions of rupees worth of forests were burnt by fires every year.

DAWN NEWS
Click to expand...
This statement is being made because the fat slob thinks that the SC will strike it down. And this is a warning from him to the SC.
What a stupid statement by Diesel. How can parliament be strengthened by the destruction of the dichotomy of powers. Parliament will be strengthened when it has legitimately elected members, not criminals that owe their living to the Junta.
 
JI to challenge 26th Amendment

Jamaat-i-Islami (JI) emir Hafiz Naeemur Rehman has reiterated that the 26th Amendment is a measure aimed at undermining judicial independence, announcing that JI will challenge it in court.

Presiding over a central leadership meeting at Mansoora on Friday, he also pledged that the JI would resist privatisation of government schools in Punjab, as well as national enterprises, including Pakistan International Airlines.

Rehman condemned the recent Mastung terrorist attack, praying for the deceased and wishing a swift recovery for the injured.

He expressed regret over the rise in terrorism in Khyber Pakhtunkhwa and Balochistan, stating that, rather than ensuring citizens’ safety and establishing peace, the government is focusing on attacking the constitution and serving personal interests.

The ruling coalition, he asserted, has left citizens at the mercy of terrorists.

The JI emir also criticised the government for raising petroleum prices despite a global decrease.

He said the rulers are exploiting the poor while claiming economic progress, achieved at the expense of heavier costs on essential commodities.

He demanded that the government provide relief on petrol and electricity prices, abolish the petroleum levy, and cancel unjust agreements with independent power producers.

He vowed that JI would continue its protest until these agreements were terminated.

“The constitutional amendment will not stand. Lawyers oppose this government’s attempt to make the judiciary subservient, and JI will approach the higher judiciary to counter this unjust move,” Mr Rehman said.

He lamented the state of education over the past 77 years, noting the absence of Pakistani universities among the world’s top 200. He highlighted that private schools have grown at the expense of public institutions.

“Education is a fundamental right. The government plans to hand over more than 14,000 schools to the private sector,” he said, adding that despite provinces collectively spending over Rs 2,000 billion on education, students remain underserved.

He remarked that the same challenges afflict the healthcare and law enforcement sectors. He advised the youth to abandon thoughts of emigrating, stressing that such an escape is not a wise solution.

Instead, he called for a peaceful movement to free the country from the grip of mafias.

He also announced that the JI membership campaign would continue until Nov 30.

DAWN NEWS
 
Supreme Court judges Justice Mansoor Ali Shah and Justice Munib Akhtar have urged Chief Justice of Pakistan (CJP) Yahya Khan Afridi to immediately fix hearings for the pleas challenging the 26th Constitutional Amendment

In their letter, the two judges, who are part of the committee responsible for fixing cases and forming benches under the Supreme Court Practice and Procedure Act (2023), stated that the committee has decided to hear these constitutional petitions in a full court, with the initial hearing date set for November 4.

However, Chief Justice Yahya Afridi has refrained from convening the requested session, leading to heightened tensions within the judicial ranks.

The dispute began on 31 October, when Justices Shah and Akhtar formally addressed a letter to Chief Justice Afridi, urging him to hold a meeting under the Supreme Court Practice and Procedure Act 2023.

The two senior justices requested the meeting specifically to address the petitions contesting the 26th amendment, which involves changes to judicial authority and tenure.

With no response from the Chief Justice, Justices Shah and Akhtar held an independent meeting in Justice Akhtar’s chambers to determine the next steps.

Following this private session, the two justices decided by majority vote to bring the amendment petitions before a full court on 4 November.

Despite their decision, no cause list has yet been issued, effectively postponing any immediate hearing on the matter.

In response to the delay, Justices Shah and Akhtar sent a second letter to Chief Justice Afridi, expressing their concerns over the postponement.

They cited Section 2(2) of the Supreme Court Practice and Procedure Act, arguing that the law requires the committee to address such petitions promptly.

According to the letter, the judges had previously informed the registrar of their decision on 31 October and instructed the registrar to publish the decision on the Supreme Court’s official website.

The letter highlights the urgency that Justices Shah and Akhtar believe this case warrants, stating that “this matter impacts not only judicial authority but also public confidence in the legal process.”

Source: Dawn News
 
Mengal, Dawar, others challenge 26th Amendment in SC, seek probe into ‘coerced’ votes

Several renowned former parliamentarians, as well as a former president of the Sindh High Court Bar Association, challenged the 26th Amendment in the Supreme Court on Friday in two separate but similar petitions, arguing that “a vote cast under coercion is no vote at all.”

Month-long political negotiations concluded on October 20 as the 26th Constitutional Amendment Bill, also known as the Constitutional Package, became law following approval from both houses of parliament.

The newly enacted amendment has brought numerous changes to the judiciary — including taking away the Supreme Court’s suo motu powers and empowering parliamentarians to nominate the next chief justice of Pakistan from among the three most senior SC judges.

One of the petitions on Friday was jointly filed by Akhtar Mengal, president of Balochistan National Party—Mengal (BNP-M) and former chief minister of Balochistan; former speaker of the National Assembly Fahmida Mirza; former MNA Mohsin Dawar, who is also chairman of the National Democratic Movement (NDM); and Mustafa Nawaz Khokhar, a former senator and advisor to the prime minister on human rights.

The other petition was filed by Salauddin Ahmed, a lawyer and former president of the Sindh High Court Bar Association.

Both petitions assailed the 26th Constitutional Amendment on two counts — notably the manner in which it was passed, and that “certain provisions of the said Act fundamentally undermine essential features of the Constitution relating to [the] independence of the judiciary and trichotomy of powers.”

Both petitions requested the top court to declare that the amendment was passed in a manner “contrary to the Constitution and law … and has no legal effect.”

They also requested that an independent inquiry be directed for “the manner in which votes were coerced and procured in Parliament.

Ahmed’s petition requested that the court “set aside the proceedings, acts and decisions and directions of the so-called Judicial Commission meeting” held on November 5.

It further requested to strike down the Supreme Court (Practice and Procedure) (Amendment) Act 2024 and the Supreme Court (Number of Judges) (Amendment) Act 2024 as being a “colourable exercise of legislative power and being violative of the independence of the judiciary”.

The two pieces of legislation were among six bills passed on Monday in both the National Assembly and Senate. One of the bills sought to increase the number of Supreme Court judges, and another sought extension of the terms of armed services chiefs.

www.dawn.com

Mengal, Dawar, others challenge 26th Amendment in SC, seek probe into ‘coerced’ votes

Petitioners argue that “a vote cast under coercion is no vote at all.”
www.dawn.com
 
FearlessRoar said:
Mengal, Dawar, others challenge 26th Amendment in SC, seek probe into ‘coerced’ votes

Several renowned former parliamentarians, as well as a former president of the Sindh High Court Bar Association, challenged the 26th Amendment in the Supreme Court on Friday in two separate but similar petitions, arguing that “a vote cast under coercion is no vote at all.”

Month-long political negotiations concluded on October 20 as the 26th Constitutional Amendment Bill, also known as the Constitutional Package, became law following approval from both houses of parliament.

The newly enacted amendment has brought numerous changes to the judiciary — including taking away the Supreme Court’s suo motu powers and empowering parliamentarians to nominate the next chief justice of Pakistan from among the three most senior SC judges.

One of the petitions on Friday was jointly filed by Akhtar Mengal, president of Balochistan National Party—Mengal (BNP-M) and former chief minister of Balochistan; former speaker of the National Assembly Fahmida Mirza; former MNA Mohsin Dawar, who is also chairman of the National Democratic Movement (NDM); and Mustafa Nawaz Khokhar, a former senator and advisor to the prime minister on human rights.

The other petition was filed by Salauddin Ahmed, a lawyer and former president of the Sindh High Court Bar Association.

Both petitions assailed the 26th Constitutional Amendment on two counts — notably the manner in which it was passed, and that “certain provisions of the said Act fundamentally undermine essential features of the Constitution relating to [the] independence of the judiciary and trichotomy of powers.”

Both petitions requested the top court to declare that the amendment was passed in a manner “contrary to the Constitution and law … and has no legal effect.”

They also requested that an independent inquiry be directed for “the manner in which votes were coerced and procured in Parliament.

Ahmed’s petition requested that the court “set aside the proceedings, acts and decisions and directions of the so-called Judicial Commission meeting” held on November 5.

It further requested to strike down the Supreme Court (Practice and Procedure) (Amendment) Act 2024 and the Supreme Court (Number of Judges) (Amendment) Act 2024 as being a “colourable exercise of legislative power and being violative of the independence of the judiciary”.

The two pieces of legislation were among six bills passed on Monday in both the National Assembly and Senate. One of the bills sought to increase the number of Supreme Court judges, and another sought extension of the terms of armed services chiefs.

www.dawn.com

Mengal, Dawar, others challenge 26th Amendment in SC, seek probe into ‘coerced’ votes

Petitioners argue that “a vote cast under coercion is no vote at all.”
www.dawn.com
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CJP Afridi is no longer the CJP. He turned out to be a coward and did nothing to protect the destruction of the SC. Today another clown has got the job as the CJP and he has been totally nationalised. He will work to order. Shame on Justice Afridi for betraying PK
 
In a first, constitutional bench to begin hearing cases from Nov 14


The recently-enacted constitutional bench, constituted under the 26th Amendment, will start hearing cases from November 14, according to a statement issued by the Supreme Court on Tuesday.

The decision was taken during the meeting of a three-member committee — constituted under Article 191A (4) of the Constitution — chaired by Justice Amin-ud-Din Khan, who is also the head of the seven-judge constitutional bench.

On Nov 5, the Judicial Commission of Pakistan (JCP) appointed Justice Amin-ud-Din — who ranks fourth in seniority among Supreme Court judges — as head of the seven-judge constitutional bench by a majority vote of seven to five, with Chief Justice of Pakistan (CJP) Yahya Afridi among the dissenting members.

Today’s meeting was attended by Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazhar, who participated through a telephone call from Karachi.

According to a press release — a copy of which is available with Geo News, the purpose of the meeting was to discuss matters for the formation of the constitutional bench.

During the meeting, the Registrar's Office apprised the committee of the pending cases that fall within the jurisdiction of the constitutional bench.

“After thorough consideration, the committee resolved that priority shall be accorded to the oldest cases,” the statement said.

Furthermore, it said Justice Ayesha Malik will not be available on Nov 14 and 15 and “a bench comprising all available judges shall be constituted to proceed with cases on these dates.” The SC Registrar's Office has been directed to list these cases accordingly for hearing before the Bench.

The bench will include Justice Jamal Khan Mandokhail, Justice Muhammad Ali Mazhar, Justice Hasan Azhar Rizvi, Justice Musarrat Hilali and Justice Naeem Akhtar Afghan.

The next meeting of the committee will be held on Nov 13 at 12:30pm after Justice Muhammad Ali Mazhar arrives in Islamabad.

A day earlier, the SC constituted a three-judge committee to fix cases, issue court rosters, form benches, and decide weekly caseload for its recently established constitutional bench.

It was also decided that colour coding of the cases shall be done, which are clearly falling under the purview of Article 191A of the Constitution and Senior Research Officer Mazhar Ali Khan had been given task to scrutinise the cases arising out of Article 199 of the Constitution.


GEO TV
 

LHC dismisses petition against 26th constitutional amendment​


The Lahore High Court (LHC) has dismissed a petition seeking the annulment of the 26th constitutional amendment.

LHC Chief Justice Aaliya Neelum heard the petition filed by citizen, Nazir Ahmad, naming the Federal government and others as respondents.

The Registrar of LHC raised an objection, stating that the matter was already under consideration in the Supreme Court, and thus the case could not be heard by the LHC.

During the hearing, the Chief Justice remarked to the petitioner's lawyer that they had been instructed to provide details about the pending case in the Supreme Court, yet no relevant documents were attached to the petition.

She criticised the practice of filing multiple petitions on the same issue across various courts in the country.

The LHC subsequently directed the petitioner to approach the Supreme Court and dismissed the petition.

dunyanews.tv

LHC dismisses petition against 26th constitutional amendment

The LHC subsequently directed the petitioner to approach the Supreme Court and dismissed the petitio
dunyanews.tv dunyanews.tv
 
FearlessRoar said:

LHC dismisses petition against 26th constitutional amendment​


The Lahore High Court (LHC) has dismissed a petition seeking the annulment of the 26th constitutional amendment.

LHC Chief Justice Aaliya Neelum heard the petition filed by citizen, Nazir Ahmad, naming the Federal government and others as respondents.

The Registrar of LHC raised an objection, stating that the matter was already under consideration in the Supreme Court, and thus the case could not be heard by the LHC.

During the hearing, the Chief Justice remarked to the petitioner's lawyer that they had been instructed to provide details about the pending case in the Supreme Court, yet no relevant documents were attached to the petition.

She criticised the practice of filing multiple petitions on the same issue across various courts in the country.

The LHC subsequently directed the petitioner to approach the Supreme Court and dismissed the petition.

dunyanews.tv

LHC dismisses petition against 26th constitutional amendment

The LHC subsequently directed the petitioner to approach the Supreme Court and dismissed the petitio
dunyanews.tv dunyanews.tv
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Off they did. But this is an illegal amendment passed by criminals that don't have the mandate. It was passed to stop the overturning of the fake election results and protect the Junta.
 
26th Constitutional Amendment: Maulana Fazlur Rehman will not be betrayed, says Vawda

Senator Faisal Vawda said that Maulana Fazlur Rehman will not be betrayed regarding the 26th Constitutional Amendment.

Speaking to the media after meeting the JUI-F chief at his residence, Vawda revealed that their discussions covered critical issues, including the country's political climate, the constitutional amendment, and threats to former Prime Minister Imran Khan's life.

“Initially, we didn’t fully grasp Maulana Fazlur Rehman’s role, but our perspective has now changed,” Vawda remarked, highlighting the need for peaceful collaboration under a democratic system. He stressed that political differences should not turn into hostility and chaos.

He also discussed legislative matters concerning madaris, stressing the need to end political divisions. He lauded Maulana Fazlur Rehman’s efforts in reducing discord and recognized his potential role in shaping Pakistan's political future.

While withholding details of his private discussion with the JUI-F leader, Vawda stated, “A national government is currently in place. PTI's mandate in Khyber Pakhtunkhwa should be acknowledged, but JUI's mandate also deserves recognition alongside Form 47.”

Vawda reaffirmed his support for the judiciary and establishment and expressed openness to working with all political parties.

“My sole focus is on protecting the life of PTI’s founder. Imran Khan needs to understand that my efforts are for his safety,” Vawda said. He also alleged that threats to Khan’s life come from within his close circle, specifically naming Bushra Bibi and her associates.


 

CJP Yahya Afridi rejects proposal for full court hearing on 26th Amendment​


Chief Justice of Pakistan, Yahya Afridi, has responded to a letter from Justice Mansoor Ali Shah, rejecting his proposal for a full court hearing of petitions challenging the 26th Constitutional Amendment.

The majority of members of the Judicial Commission supported Chief Justice Afridi's position, reported Express News on Friday.

The commission, chaired by CJP Afridi, convened to discuss the nomination of judges to high courts as well as the inclusion of additional judges in constitutional benches of the Supreme Court and Sindh High Court.

During the meeting, Justice Mansoor Ali Shah suggested that the petitions against the 26th Amendment be heard by a full court. However, Chief Justice Afridi opposed the proposal, stating that the constitutional committee would determine how and by whom the petitions would be fixed for hearing.

Sources reported that CJP Afridi stressed that the Judicial Commission did not have the jurisdiction to bring up the 26th Amendment for discussion.

He stated that following the passage of the 26th Amendment, it was the responsibility of the constitutional bench committee to schedule hearings for constitutional cases.

The issue of creating rules for judicial appointments also arose in the meeting, with some members highlighting its significance.

The majority of the members agreed that a subcommittee should be tasked with drafting the rules for judicial appointments. The commission also granted CJP Afridi the authority to form the subcommittee responsible for this task.

tribune.com.pk

CJP Yahya Afridi rejects proposal for full court hearing on 26th Amendment | The Express Tribune

Judicial Commission agrees to form a subcommittee to draft rules for judicial appointments
tribune.com.pk tribune.com.pk
 
Ex-PM Abbasi challenges 26th amendment in Sindh High Court

Former prime minister Shahid Khaqan Abbasi has filed a petition in the Sindh High Court, challenging the legality of the 26th Constitutional Amendment.

The petition calls for the amendment to be declared unconstitutional and seeks a halt to the appointment of new judges in the high courts until a decision is reached.

The petition was filed by Abbasi's attorney, Barrister Moeez Jafri, and names multiple parties, including the federal government, the Sindh government, Senate Chairman Yousaf Raza Gilani, National Assembly Speaker Sardar Ayaz Sadiq, and the Election Commission of Pakistan, as parties.

Abbasi’s plea also requests the suspension of the Judicial Commission's functioning while the petition is under consideration. The former prime minister has raised concerns about the implications of the 26th Amendment, urging the court to take immediate action to address the matter.

The 26th Constitutional Amendment has been a subject of debate, particularly regarding its impact on judicial appointments and its alignment with constitutional principles.


www.samaa.tv

Shahid Khaqan Abbasi challenges 26th amendment in Sindh High Court

Former Prime Minister Shahid Khaqan Abbasi has filed a petition in the Sindh High Court, challenging the 26th Constitutional Amendment. The petition seeks to declare the amendment unconstitutional and halt judicial appointments until a decision is made.
www.samaa.tv www.samaa.tv
 
Cricket Warrior said:
Ex-PM Abbasi challenges 26th amendment in Sindh High Court

Former prime minister Shahid Khaqan Abbasi has filed a petition in the Sindh High Court, challenging the legality of the 26th Constitutional Amendment.

The petition calls for the amendment to be declared unconstitutional and seeks a halt to the appointment of new judges in the high courts until a decision is reached.

The petition was filed by Abbasi's attorney, Barrister Moeez Jafri, and names multiple parties, including the federal government, the Sindh government, Senate Chairman Yousaf Raza Gilani, National Assembly Speaker Sardar Ayaz Sadiq, and the Election Commission of Pakistan, as parties.

Abbasi’s plea also requests the suspension of the Judicial Commission's functioning while the petition is under consideration. The former prime minister has raised concerns about the implications of the 26th Amendment, urging the court to take immediate action to address the matter.

The 26th Constitutional Amendment has been a subject of debate, particularly regarding its impact on judicial appointments and its alignment with constitutional principles.


www.samaa.tv

Shahid Khaqan Abbasi challenges 26th amendment in Sindh High Court

Former Prime Minister Shahid Khaqan Abbasi has filed a petition in the Sindh High Court, challenging the 26th Constitutional Amendment. The petition seeks to declare the amendment unconstitutional and halt judicial appointments until a decision is made.
www.samaa.tv www.samaa.tv
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I am not sure which bit isn't clear to these people, we don't have a constitution, we don't have SC or any laws. You can kill people and hide their bodies and just deny it.
To be challenged in courts that aren't free to break wind. Thanks Abbasi sahib.
 
SC urged to let full court hear challenges to 26th amendment

The Supreme Court on Tuesday received two requests seeking early hearing for the challenges to the 26th Amendment by the full court comprising all its judges.

The first application was filed by Afrasiab Khattak through his counsel Khwaja Ahmad Hosain, which urges the court to order its registrar to fix the petition for hearing before the full court as has been previously decided in accordance with law or, as an alternative, refer the petition to the full court to determine an appropriate forum for exercising jurisdiction regarding the matters raised in the petition.

The other plea was filed by Advocate Taufiq Asif requesting that the petitions challenging the 26th Amendment should be fixed as early as possible in the interest of justice.

Mr Khattak pleads that 26th Amendment did not bar the full court from hearing the cases under Article 184(3). There is a clear distinction in the Constitution between the full court and the benches of the court, he said, adding that Constitution clearly distinguishes between ‘benches’ and the entire court.

To hold that full court did not have jurisdiction would be tantamount to eroding the distinction between the full court and the bench. This would be erroneous, the application said.

The petitioner pleaded that the 26th Amendment had created the constitutional bench, adding that if the challenge to the amendment succeeded then the constitutional bench will cease to exist.

The application contended that the constitutional bench cannot decide the vires of the very instrument that has created it, adding that it would also constitute a conflict of interest as the success of the titled petition would mean that this bench would no longer exist.

The constitutionality and legality of this constitutional bench has been challenged, and effectively a disputed forum would be determining its own legality, which would neither be lawful nor would it be just, it application said.

It is a fundamental principle of justice that it must not only be done but manifestly be seen to be done. The perception that would be created is that the constitutional bench would be sitting in judgement over itself.

The federation has supported the 26th Amendment and it was tabled and supported by the government. It is in the public domain that this constitutional bench has been nominated by votes of government members on the Judicial Commission of Pakistan (JCP), the applicant pointed out.

The government is an interested party. The executive would lose its dominance on the new JCP if the 26th Amendment is struck down, the applicant said, adding that the executive would also lose its ability to select the chief justice if this amendment is struck down.

The control given to the executive with respect to judicial matters and internal judicial functioning has been expressly challenged. Therefore, this would further create the perception that a government-sanctioned and government-nominated bench is determining a case in which the government has taken a strong position in favour of the 26th Amendment, the application said.

To ensure the credibility and legitimacy of the Supreme Court and its decisions, the petitions must be listed before the full court. The application said the present case has profound implications for judicial independence, fundamental rights, and ultimately the future course of the nation’s constitutional dispensation.

DAWN NEWS
 
BouncerGuy said:
SC urged to let full court hear challenges to 26th amendment

The Supreme Court on Tuesday received two requests seeking early hearing for the challenges to the 26th Amendment by the full court comprising all its judges.

The first application was filed by Afrasiab Khattak through his counsel Khwaja Ahmad Hosain, which urges the court to order its registrar to fix the petition for hearing before the full court as has been previously decided in accordance with law or, as an alternative, refer the petition to the full court to determine an appropriate forum for exercising jurisdiction regarding the matters raised in the petition.

The other plea was filed by Advocate Taufiq Asif requesting that the petitions challenging the 26th Amendment should be fixed as early as possible in the interest of justice.

Mr Khattak pleads that 26th Amendment did not bar the full court from hearing the cases under Article 184(3). There is a clear distinction in the Constitution between the full court and the benches of the court, he said, adding that Constitution clearly distinguishes between ‘benches’ and the entire court.

To hold that full court did not have jurisdiction would be tantamount to eroding the distinction between the full court and the bench. This would be erroneous, the application said.

The petitioner pleaded that the 26th Amendment had created the constitutional bench, adding that if the challenge to the amendment succeeded then the constitutional bench will cease to exist.

The application contended that the constitutional bench cannot decide the vires of the very instrument that has created it, adding that it would also constitute a conflict of interest as the success of the titled petition would mean that this bench would no longer exist.

The constitutionality and legality of this constitutional bench has been challenged, and effectively a disputed forum would be determining its own legality, which would neither be lawful nor would it be just, it application said.

It is a fundamental principle of justice that it must not only be done but manifestly be seen to be done. The perception that would be created is that the constitutional bench would be sitting in judgement over itself.

The federation has supported the 26th Amendment and it was tabled and supported by the government. It is in the public domain that this constitutional bench has been nominated by votes of government members on the Judicial Commission of Pakistan (JCP), the applicant pointed out.

The government is an interested party. The executive would lose its dominance on the new JCP if the 26th Amendment is struck down, the applicant said, adding that the executive would also lose its ability to select the chief justice if this amendment is struck down.

The control given to the executive with respect to judicial matters and internal judicial functioning has been expressly challenged. Therefore, this would further create the perception that a government-sanctioned and government-nominated bench is determining a case in which the government has taken a strong position in favour of the 26th Amendment, the application said.

To ensure the credibility and legitimacy of the Supreme Court and its decisions, the petitions must be listed before the full court. The application said the present case has profound implications for judicial independence, fundamental rights, and ultimately the future course of the nation’s constitutional dispensation.

DAWN NEWS
Click to expand...
The SC is scared of the establishment and can't take a **** without permission. On what planet is this amendment passed by an form 47 MNAs legal. And not just that, others were threatened and kidnapped. Then we have an illegal CJP that has died a death with inertia and cowardice.
 
Lawyers call for delaying JCP meetings amid 26th amendment challenges

The All Pakistan Lawyers Action Committee (APLAC) has urged Supreme Court and high court judges to postpone meetings of the Judicial Commission of Pakistan (JCP) until challenges to the 26th Amendment to the Constitution are resolved.

This content of the letter was disclosed during a press conference on Thursday by senior counsel Senator Hamid Khan and Islamabad High Court Bar Association President Riasat Ali Azad. The letter was endorsed by several elected and former office-bearers of bar associations and bar councils.

They said the letter was being addressed to the superior court judges as “staunch defenders” of constitutionalism, the rule of law and the independence of the judiciary, adding that it was with grave concern that they were raising the issue of the 26th Amendment, which according to them had profound implications for the judiciary’s autonomy and institutional integrity.

The letter feared that the judiciary stood as the final bastion of constitutionalism and the rule of law and at this critical juncture, they trusted that the judges would act decisively to protect the judiciary’s independence and integrity by constituting a full court to hear challenges against the 26th Amendment and postponing all JCP meetings until the resolution of these petitions.

“Your (judges’) collective wisdom and commitment to upholding constitutional principles will ensure that the judiciary remains a symbol of justice, impartiality and independence,” the letter said. “Needless to say. it is the bounden duty of every judge to preserve, protect and defend the Constitution.”

It said that the 26th Amendment, allegedly enacted under “contentious and colourable circumstances”, directly undermined the foundational principle of judicial independence enshrined in Articles 175(3), 177 and 193 of the Constitution.

Specifically, the amendment’s provisions altering the composition and functioning of JCP represented a clear attempt by the executive to dominate the judiciary, contrary to the doctrine of separation of powers, it said.

The constitutional vires of this amendment were presently under challenge in numerous petitions before the Supreme Court, raising critical questions about its validity, the letter said. “Proceeding with judicial appointments under the framework of the impugned amendment before resolving these constitutional challenges risks nullifying such appointments if the amendment is eventually struck down and may cause significant embarrassment and uncertainty for the appointees and the judiciary as an institution,” it added.

Such appointments would also undermine public confidence in the judiciary’s impartiality and independence, it said.

Senior lawyers and former presidents of the Supreme Court Bar Association (SCBA) — including Hamid Khan, Ali Ahmed Kurd, Qazi Muhammad Anwar, Abid S. Zuberi, Amanullah Kanrani, Shafqat Mehmood Chohan, Maqsood Buttar, Ishtiaq A. Khan, Tahir Faraz Abbasi, Munir Kakar, Rahib Khan Buladi — are among those who have endorsed the letter.

Meanwhile, the incumbent SCBA president, Mian Muhammad Rauf Atta, in a separate letter said the appointments to the superior judiciary were imperative for the efficient functioning of our judicial system and for ensuring the prompt dispensation of justice to all.

He said it was essential that these appointments were made without any further delay to enhance the judicial capacity, which was already grappling with a shortage of judges, thus affecting the overall performance of the judiciary.

Any further delay would significantly undermine the very foundation of fair and swift justice for the public at large, he said, adding that the role of JCP and its working were well defined.

“We regard the formation of JCP as the most balanced in recent years, as it includes equal representation from all relevant stakeholders,” he said, expressing complete confidence in their insight, judgement and adherence to the spirit of the Constitution.

Above all, JCP Appointment Rules, 2024, have been recently framed, deliberated, and approved and all the nitty-gritties concerning the appointments to the superior courts have been thoroughly considered. The process of judicial appointments has entered its culmination stage.

“We are hopeful that, rather than being delayed, the matter of these long-awaited appointments will effectively be finalised for the better good of the rule of law and the prompt dispensation of justice. We also expect that the appointments will be made purely on a merit basis,” he added.

DAWN NEWS
 

Supreme Court to hear petitions against 26th Amendment on Jan 27​

ISLAMABAD (Dunya News) - Petitions against the 26th Constitutional Amendment are set to be heard on January 27.

A constitutional bench led by Justice Amin ud Din Khan will oversee the proceedings, with over 18 petitions filed in opposition to the Amendment.

Among the challengers, Pakistan Tehreek-e-Insaf (PTI) is one of the parties that submitted petitions to the Supreme Court.

Source: Dunya News
 
hassan918 said:

Supreme Court to hear petitions against 26th Amendment on Jan 27​

ISLAMABAD (Dunya News) - Petitions against the 26th Constitutional Amendment are set to be heard on January 27.

A constitutional bench led by Justice Amin ud Din Khan will oversee the proceedings, with over 18 petitions filed in opposition to the Amendment.

Among the challengers, Pakistan Tehreek-e-Insaf (PTI) is one of the parties that submitted petitions to the Supreme Court.

Source: Dunya News
Click to expand...
So the beneficiaries of the criminality will decide.why not the full SC?
 

Only parliament has authority to roll back 26th amendment: Bilawal​


Pakistan Peoples Party chairman Bilawal Bhutto-Zardari said on Friday only parliament had the mandate and authority to roll back the 26th amendment.

Speaking to media in the federal capital, he said the judges of Supreme Court should create ease for the sitting chief justice. He added the 26th amendment had created a lot of convenience for the federation as well as the provinces.

The PPP chairman said it would have been better if the government had consulted the mainstream as well digital media on PECA.

Answering a question, he said the PPP would not become part of the cabinet. Moreover, the former foreign minister said he would take part in the breakfast invitation of Donald Trump.

dunyanews.tv

Only parliament has authority to roll back 26th amendment: Bilawal

Says PPP will not become part of cabinet
dunyanews.tv dunyanews.tv
 
26th amendment brought in response to ‘letter’, says judge Mohsin Kayani

The senior puisne judge of the Islamabad High Court (IHC), Justice Mohsin Akhtar Kayani, said on Tuesday that the government hurriedly brought the 26th Amendment in response to a “letter” and hoped that the case related to this constitutional change would be heard by a full court of the Supreme Court.

Though the judge did not specify the letter, he was apparently referring to the correspondence of six judges to the Supreme Judicial Council (SJC) that accused intelligence agencies of meddling in judicial affairs.

The Supreme Court’s Constitutional Bench took up challenges to the amendment on Monday. However, the petitioners demanded the hearing in a full court.

Speaking at a certificate distribution ceremony organised by the Islamabad High Court Bar Association (IHCBA), Justice Kayani emphasised the importance of judicial independence and the need to appoint judges from the Islamabad Bar.

He also touched on significant issues, including the 26th Amendment and the importance of a self-reliant judicial system.

The event was attended by members of the Islamabad Bar Council, including Raja Aleem Abbasi and Adil Aziz Qazi, as well as Islamabad High Court Bar Association (IHCBA) President Riasat Ali Azad and Secretary Shafqat Abbas Tarar.

Justice Kayani said that the 26th amendment, enacted on the basis of a “letter”, had raised critical legal and constitutional questions. He emphasised that the matter would eventually be heard by a full court of the Supreme Court, given its implications for the country’s governance and legal framework.

The judge underscored the need to prioritise the appointment of judges from Islamabad, advocating for an end to the practice of bringing in judges on deputation. “We will soon send back judges who came on deputation and appoint judges from Islamabad’s Bar,” he stated, emphasising the need to preserve the rights of local lawyers and maintain judicial integrity.

Justice Kayani highlighted the interconnected roles of the independent judiciary, bar and media in shaping Pakistan’s progress.

“The judiciary needs independent judges who uphold the sanctity of the law, while the bar must remain a strong institution from which competent judges are selected,” he said. He also called for a robust media to ensure transparency and accountability.

Mr Abbasi of the Islamabad Bar Council praised Justice Kayani’s approach and reiterated the bar’s demand for local representation in judicial appointments.

Mr Azad, the IHCBA president, lauded Justice Kayani’s courage and dedication, describing him as a valuable asset to the country’s judiciary.

Justice Kayani concluded his address by stressing the importance of correct legal interpretations and maintaining public trust in the judiciary. “Pakistan’s path to progress lies in the rule of law, independent institutions and collective efforts of the judiciary, parliament and media,” he said.

DAWN NEWS
 
Only Parliament or a Supreme Court decision can overturn the 26th Amendment, Justice Mazhar says

Justice Muhammad Ali Mazhar of the Supreme Court of Pakistan has issued a 20-page note outlining his views on the powers of benches hearing cases, specifically concerning constitutional matters. The note pertains to a case currently before the court.

Justice Mazhar asserts that only a full constitutional bench has the authority to review the constitutionality of laws; regular benches lack this power of constitutional interpretation. He affirms the constitutional bench’s decision to overturn orders issued by a smaller, two-judge bench.

The note emphasizes that the 26th Amendment is currently a part of the constitution, its provisions clear and unambiguous, and that the court cannot ignore it. While acknowledging that the amendment has been challenged and notices issued to parties, Justice Mazhar states that the merit of any request to refer the case to a full court will be determined separately.

He further clarifies that only Parliament or a Supreme Court decision can overturn the 26th Amendment; until then, all proceedings must adhere to its stipulations.

Justice Mazhar reiterates that only a five-judge constitutional bench can undertake constitutional interpretation, and regular benches should not exceed their authority as defined by the current constitution. He notes that the basic orders issued by the two-judge bench in the tax case have been withdrawn, rendering all subsequent actions void.

Justice Mazhar’s note expresses his concurrence with the constitutional bench’s decision to overturn previous orders issued by Justices Mansoor and Aqeel Abbasi.

english.aaj.tv

Only Parliament or a Supreme Court decision can overturn the 26th Amendment, Justice Mazhar says

Justice Mazhar issued a 20-page note on the judgement
english.aaj.tv
 

Bilawal dismisses 27th Constitutional Amendment rumours as 'baseless'​


Pakistan Peoples Party Chairperson Bilawal Bhutto-Zardari dismissed on Tuesday speculation on any potential legislation on a 27th Constitutional Amendment as "baseless".

Even as the 26th Constitutional Amendment remains marred in controversy, power corridors in Islamabad have been abuzz with rumours of a possible 27th Constitutional Amendment. Speculation suggests that the potential amendment would bring further changes to the structure and functioning of superior judiciary.

The 26th Amendment had brought in sweeping changes to the judicial framework.

Speaking to reporters at the launch of renovation works for Hyderabad's Niaz Stadium, Bilawal rubished the "baseless rumours". “So far, no federal minister, prime minister or party member has approached me regarding any amendments.”

He underscored that the 26th Amendment was passed after reaching a consensus and with compromise from political parties. "PPP wanted constitutional courts, but we compromised,” said Bilawal.

tribune.com.pk

Bilawal bhutto launches Niaz stadium renovation, reaffirms commitment to corruption-free development | The Express Tribune

2.1 million permanent homes to be provided in line with the manifesto
tribune.com.pk tribune.com.pk
 
SC Constitutional Bench resumes proceedings on challenges to 26th Amendment

An eight-judge Constitutional Bench (CB) of the Supreme Court (SC) on Tuesday resumed hearing a set of pleas challenging the 26th Amendment, which altered judicial authority and tenure, and has been a lightning rod for debate with both opposition parties and legal experts questioning its impact on the judiciary’s autonomy.

The Amendment, which was approved by both houses of parliament in October last year, took away the SC’s suo motu powers, set the chief justice of Pakistan’s (CJP) term at three years and empowered the prime minister to appoint the next CJP from among the three most senior SC judges.

It also paved the way for the formation of the CB, which is now hearing petitions against the very legislation that led to its establishment.

The CB that has taken up the pleas — filed by various high court bar associations, the PTI and others — against the Amendment is headed by Justice Aminuddin Khan and comprises Justices Jamal Khan Mandokhail, Muhammad Ali Mazhar, Ayesha Malik, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bilal Hassan.

The last hearing of the case was held on January 27, and there have been calls for the proceedings to be resumed on priority.

Today’s hearing

When the proceedings commenced today, Justice Aminuddin Khan said the bench would first hear arguments on requests for a full court hearing of the pleas and objections on CB. “We will decide on the matter of live streaming (of court proceedings) later,” he added.

At that, lawyer Khawaja Ahmad Hassan argued that arguments on pleas seeking a full court hearing should be live-streamed so that the public was also made aware of the grounds on which the request was being made. He then urged the court to first hear arguments on requests for the live streaming of the proceedings.

To that, Justice Aminuddin Khan remarked that matters of the bench were of relevance to the court, not the public.

The petitions

The petitioners have requested the apex court to strike down the entire 26th Amendment on grounds of procedural impropriety if determined that the requisite two-thirds of the lawfully elected membership of each House did not freely exercise their right to vote in favour of the same as required under Article 239, which elaborates on bills and their passage to amend the Constitution.

In the alternative, the petitioners pleaded, the court should strike down certain provisions of the 26th Amendment since they substantively undermine the independence of the judiciary which is a salient feature of the Constitution: namely the provisions for annual performance evaluation of judges of the high court by the Judicial Commission of Pakistan being inserted in Article 175A(1) and Articles 175A(18) to (20); the provisions relating to the appointment of the chief justice of Pakistan being the substitution to Article 175A(3), and the provisions for constitutional benches of the apex court and high courts.

As a consequence, the court should declare that the original Article 175A(3) holds the field and direct the federal government to notify SC’s senior-most judge as CJP in accordance with the original Article 175A(3), the petitioners argued.

The petitioners also challenged the constitutionality of the constitutional benches, arguing that the SC should declare invalid all amendments for which votes of such members whose election disputes were pending were necessary to achieve the prescribed numerical threshold in Article 239.

They also called for the Supreme Court (Practice and Procedure) Act 2024 and the Supreme Court (Number of Judges) (Amendment) Act 2024 to be declared unconstitutional, void ab initio and of no legal effect, since they stem from an unconstitutional amendment and represent an attempt to achieve unconstitutional designs.

The petitioners also requested the SC for a full court hearing of the pleas instead of a hearing by the CB, which was established under 26th Amendment.

‘Opportunity lost’

Between January and now, there have been mutiple calls for a full court hearing of these pleas.

On August 14, two responses from Chief Justice of Pakistan Yahya Afridi were uploaded on the court’s website, explaining why he had disregarded a decision made last year by a committee to bring challenges to the 26th Amendment before the full SC.

The committee, which met on Oct 31, 2024, under the Practice and Procedure Act (PPA) 2023, was convened by senior puisne judge Justice Syed Mansoor Ali Shah and Justice Munib Akhtar. In response, CJP Afridi, who chairs the committee, said he did not find it appropriate to call for a full court hearing.

The CJP had argued that such a move would undermine the much-needed spirit of collegiality among judges and expose the apex court to public comment, which, he noted, had regrettably been the case in the recent past.

On Aug 20, Justices Shah and Akhtar wrote a joint letter to the CJP, following the SC decision to make public the Oct 31 committee’s minutes.

In their joint letter, Justice Shah and Justice Akhtar observed: “The challenges to the 26th Amendment continue to remain pending and a golden opportunity to decide them at the earliest instance before the institution as a whole — i.e. the full court as it then stood — has been lost, perhaps irretrievably.”

Call for full court hearing

The call for the full court hearing was also made during the last hearing of the pleas on Jan 27. When the hearing had commenced, several lawyers had surrounded the judges’ rostrum to request the bench to refer the matter to a full court.

The request was also supported by Justice Ayesh Malik, who cited full court hearings of challenges to 18th Amendment, 21st Amendment and Supreme Court (Practice and Procedure) Act, 2023.

The CB, however, had asked various petitioners to consider the existing eight-judge bench a full court. At that hearing, Justice Mazhar had noted: “This is not the domain of the CB to constitute the Full Court or refer the matter to the Chief Justice of Pakistan after Article 191A of the Constitution.” He had explained that a full court could not be formed merely on the wishes of lawyers.

Moreover, Justice Aminuddin Khan had issued notices to the respondents on points raised by counsels regarding the referral of the matter to a full court, the amendment’s impact on judicial independence, and arrangements for live streaming of proceedings.

www.dawn.com

SC Constitutional Bench resumes proceedings on challenges to 26th Amendment

The amendment has altered the judicial authority and tenure; opposition parties and legal experts have questioned its impact on judiciary’s autonomy.
www.dawn.com
 
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