Justice Mansoor, Munib write to CJP to fix pleas against 26th Amendment this week

ISLAMABAD: Senior puisne judge Justice Mansoor Ali Shah and Justice Munib Akhtar have urged the Chief Justice of Pakistan Yahya Afridi to schedule pleas challenging the 26th Amendment for a full court hearing this week, ARY News reported.

In a letter written to the Chief Justice, the two justices reiterated their request, which was initially made during a committee meeting on October 31. During that meeting, it was decided that the case would be heard by a full court on November 4, but despite this decision, no cause list was released.

Both senior judges of Supreme Court had previously requested the Chief Justice to convene a committee meeting on October 31, but when that didn’t happen, they convened the meeting themselves.

During the meeting, they decided that the 26th Amendment case would be heard by a full court on November 4. They also directed the registrar to publish the meeting minutes on the website.

Earlier, the Supreme Court (SC) was moved against recently passed 26th constitutional amendment.

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.”

Read more: 26th constitutional amendment challenged in SC

The petitioners further said that the formation of Parliament was ‘incomplete’ and passing such amendment was 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 was urged to strike down the 26th constitutional amendment.

26th constitutional amendment

Under the constitutional amendment, the term for the Chief Justice of Pakistan has been set at three years.

A 12-member parliamentary committee will nominate the new Chief Justice of Pakistan from a panel of the three most senior judges.

The committee, comprising eight members from the National Assembly and four from the Senate, will propose the name to the Prime Minister, who will then forward it to the President for final approval.

Besides, a Judicial Commission of Pakistan, led by the Chief Justice and including three senior judges, two members each from the National Assembly and Senate, the Federal Minister for Law and Justice, the Attorney General, and a nominee of the Pakistan Bar Council, having not less than fifteen years of practice in the Supreme Court, will be responsible for appointments of the judges of the Supreme Court.