Pakistan's two top court judges urge full court hearing on petitions against 26th amendment

Hours before the re-formed Judicial Commission of Pakistan (JCP) was to meet for the first time on Tuesday, two top court judges have formally written to Chief Justice of Pakistan Yahya Afridi to summon a full court hearing on petitions challenging the recently passed contentious 26th Constitutional Amendment.

Justice Syed Mansoor Ali Shah and Justice Munib Akhtar's letter underscores the critical test the judiciary faces on matters of constitutional interpretation and judicial unity.

Despite the urgency shown by the senior judges, CJP Afridi has yet to respond or act on the request.

In the letter, the two judges said that on Oct. 31, the committee constituted under the Supreme Court (Practice & Procedure) Act 2023 had requested a meeting to discuss the matter.

Justices Mansoor Ali Shah and Munib Akhtar have formally requested Chief Justice of Pakistan Yahya Afridi to convene a full court hearing on petitions challenging the 26th Constitutional Amendment.Nukta

When the meeting was not held, the two judges proceeded independently under Section 2(2) of the act to hold a session and decided that the petitions should be placed before the full court, proposing a hearing on Nov. 4.

“It is with great regret that the cause list of the full court hearing has not been released,” the letter said, urging for a hearing to be scheduled this week.

A copy of the letter issued by Supreme Court of Pakistan judges Mansoor Ali Shah and Munib Akhtar on October 31, 2024, to summon a full court hearing on petitions against the 26th Constitutional Amendment.Nukta

Key judicial meeting

The registrar should publish the decision of the October committee meeting on the Supreme Court's website based on standard procedure.

The development comes as the country's Judicial Commission is scheduled to meet today to discuss the nomination of judges for newly-formed constitutional benches, as envisioned in the 26th Constitutional Amendment.

This amendment, passed by parliament last month despite opposition from the Pakistan Tehreek-e-Insaf (PTI), allows for the establishment of specialized benches within the Supreme Court to handle cases involving constitutional interpretation.

Chief Justice Afridi will convene the meeting following a request from National Assembly Speaker Ayaz Sadiq. The Speaker sent parliamentary nominations for the commission after consulting with the Senate Chairman and parliamentary leaders.

Among the topics on the agenda are the judge nominations for the constitutional benches and discussions on establishing a dedicated Judicial Commission secretariat.

Attendees include senior puisne judge Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Aminuddin Khan, Senator Farooq Hamid Naek, members of National Assembly Sheikh Aftab Ahmad, Omar Ayub and Roshan Khursheed Bharucha; Law Minister Azam Nazeer Tarar, Senator Syed Shibli Faraz, Attorney General Mansoor Usman Awan, and Pakistan Bar Council representative Akhtar Hussain.