Justices Shah, Akhtar request CJP to fix pleas challenging 26th Amendment in full court this week
Two judges are members of committee formed under SC Practice and Procedure Act (2023) for fixing cases
November 05, 2024
- Letter says decision to fix pleas on Nov 4 not implemented.
- Justices say no cause list issued for hearing as per decision.
- Letter directs SC registrar to upload Oct 31 decision on website.
ISLAMABAD: Supreme Court's Justice Mansoor Ali Shah and Justice Munib Akhtar have written to Chief Justice of Pakistan (CJP) Yahya Khan Afridi seeking immediate fixation of the pleas challenging the recently adopted 26th Constitutional Amendment.
The letter undersigned by the two judges, who are the members of the committee constituted under the Supreme Court Practice and Procedure Act (2023) for fixing cases and forming benches, stated that this committee decided that the "constitutional petitions" challenging the 26th Constitutional Amendment be fixed for hearing in full court on November 4.
It stated that the decision made on October 31 was promptly communicated on the same day but no cause list was issued for the hearing on the said date.
The decision of the committee continues to stand in terms of Section 2(3) of Practice and Procedure Act and has to be given effect.
"We are therefore constrained to require the fixation of the aforementioned constitutional petitions before the full court positively during the current week, and for the cause list to be issued accordingly forthwith," the letter read.
It further stated that the Supreme Court registrar is directed to upload the committee's decision of 31 October, 2024 on the official website of the top court.
It may be noted that several pleas have been filed in the Supreme Court against the controversial judicial reforms recently introduced by the government, which remain a bone of contention despite their dramatic passage in the parliament consequent signing after multiple delays.
These pleas have been submitted by Jamat-e-Islami (JI) and various lawyers' bodies including the Supreme Court Bar Association (SCBA), contending that the 26th Constitutional Amendment against basic human rights and repugnant to the principle of independence of judiciary.
Moreover, the SCBA has sought the constitution of a full court bench for hearing the petitions challenging the amendment.
