SHCBA moves high court against amendments to CNS, Anti-Terrorism laws

The Sindh High Court Bar Association Karachi (SHCBA) has filed two constitutional petitions before the Sindh High Court challenging recent amendments to the Sindh Control of Narcotic Substances Act, 2024, and the Anti-Terrorism Act, 1997, arguing that the changes undermine judicial independence and violate constitutional provisions.

According to a press release issued by the association, the petitions contend that the amendments transfer key powers relating to the nomination of judicial officers from the Sindh High Court to the provincial executive.

The SHCBA maintains that such powers fall within the High Court’s constitutional authority of control and supervision over the subordinate judiciary under Article 203 of the Constitution.

The bar association alleged that the amendments reduce the High Court’s role from one of meaningful consultation to mere concurrence, thereby opening the door to politically influenced judicial appointments.

It warned that such a move would be contrary to the principle of separation of powers and could compromise the independence of the judiciary at the grassroots level.

The SHCBA further argued that the amendments violate Article 175(3), Article 2-A and the Preamble of the Constitution, which guarantee an independent judiciary free from executive influence. The association stated that the amendments are unconstitutional and liable to be struck down under Article 8 of the Constitution.

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Expressing concern over the functioning of Anti-Terrorism and Control of Narcotic Substances courts, the association said that executive influence in judicial appointments could erode public confidence in the justice system and undermine the long-established principle that justice must not only be done but must also be seen to be done.

Reaffirming its commitment to judicial independence, the SHCBA said it seeks to ensure that judges can perform their duties without fear, favour or external influence, while enabling lawyers to work on merit and safeguarding litigants’ access to impartial justice.

The petitions have been fixed for hearing before the Sindh High Court on June 24, 2026, at 12 noon.