PTI challenges 26th Constitutional Amendment in SC

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) has challenged the 26th Constitutional Amendment in Supreme Court, stating that it is unconstitutional, illegal, and unacceptable, ARY News reported.

As per details, the PTI’s petition, filed through Advocate Samir Khosa, urged that the amendment be declared null and void. The petition seeks to restrain the Judicial Commission of Pakistan from making judicial appointments until a decision is made on the petition.

The PTI stated that the amendment violates the basic structure of the Constitution, which cannot be altered by Parliament. The party also contends that the amendment undermines the independence of the judiciary, which is a fundamental principle of the Constitution.

Yesterday, the Supreme Court (SC) of Pakistan announced special arrangements for the hearing of the 26th Constitutional Amendment case, scheduled to take place on January 27.

According to a statement issued by the SC, the hearing will be held in Court Room No. 2, with enhanced security measures in place to ensure the safety of all attendees.

To manage the limited capacity of the court room, special passes will be issued to authorised individuals, including lawyers and journalists. “Only those with valid passes will be allowed to enter the court room,” the SC statement read.

Also read: Shahid Khaqan challenges 26th Constitutional Amendment in SHC

For those without passes, alternative arrangements have been made, including audio facilities in Court Rooms No. 6 and 7. The use of mobile phones within the court room will be strictly prohibited.

It is to be noted here that the SC’s Constitutional Bench is set to hear a set of pleas challenging the 26th Constitutional Amendment and demanding the top court to strike down the same. The Constitutional Bench headed by Justice Aminud din Khan and comprising Justice Ayesha A. Malik, Justice Jamal Khan Mandokhail, Justice Naeem Akhtar Afghan Justice Muhammad Ali Mazhar, Justice Hassan Azhar Rizvi Justice Musarrat Hilali will hear the petitions.

26th constitutional amendment

It is to be noted here that the Parliament passed the 26th Amendment on midnight of 20 and 21 under which the term for the Chief Justice of Pakistan has been fixed at three years.

A 12-member parliamentary committee will select the new Chief Justice 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, 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 appointment of the judges of the Supreme Court