Islamabad:
The petitioners contesting the 26th constitutional amendment succeeded in persuading a constitutional bench (CB) of the Supreme Court to authorize the streaming live of the legal proceedings.
However, the experts declare that the real contestation of the petitioners will be to convince the CB to order the constitution of a full court to hear the requests against the amendment, which, according to many, have undermined the independence of the judiciary.
A CB of eight members, led by judge Amin-Ud-Din Khan, unanimously allowed the streaming live of the procedure on the petitions contesting the Bulldozer amendment by the Parliament in October from last year.
Some CB members have expressed apprehensions that live procedures had already been used. Despite these concerns, the bench granted the petitioner request.
Legal fraternity appreciated the CB decision.
Lawyer Abdul Moiz Jaferii said that the live streaming involving fundamental rights has been recognized by the Supreme Court as a public obligation.
“It has become an invaluable tool for legal analysis and comments. It opens the doors of justice to all those who have an internet connection and allows real access to the judicial decision -making process.
“It should be the norm in each higher court across the country. It allows judges and lawyers to be aware of their audience, and when the public interest is at stake, it is an essential step forward,” said Jaferii.
From now on, the real test for the CB is whether requests for the request for the constitution of a full court will be authorized or not.
Former senator Mustafa Nawaz Khokhar has already filed a request through the lawyer Shahid Jamil requesting the implementation of the majority decision of the Supreme Court Committee (PAPA and procedure) (Dad) to list the petitions against the 26th constitutional amendment for the hearing by a full court.
The Papa Committee, October 31, 2024, ordered Grestar SC by a majority of 2-1 to list the petitions on November 4, 2024. However, cases were not planned to hear. The CB ordered Tuesday that Khokhar’s petition be registered to hear with objections.
Commenting on the importance of the 26th case of constitutional modification, Khokhar said that this will prove to be one of the most impactful cases in the legal history of Pakistan.
“Either the judiciary will reinfirm themselves and free up chains turned around him through the 26th constitutional amendment, or he will fully submit to the will of those who have traditionally been hostile to the idea of an independent judicial power,” he declared.
Khokhar added that during today’s hearing, they will strongly plead that a full court hears this case, citing two key reasons.
“First, the majority decision of the Papa Committee should be maintained, which makes the dissident vision of the non -binding chief.
“Second, the CB, being a product of the 26th constitutional amendment, cannot impartially judge its own validity, creating a clear conflict of interest.
Given the anterior refusal of the CB to include the original members of the bench in the reserved seat case, there is little chance that the case will be returned to the chief judge of Pakistan (CJP) Yahya Afridi for the constitution of a full court.
A senior lawyer said there was a good chance that all CB judges were included in the bench hearing the 26th case of constitutional modification.
Currently, the total number of CB members is 15. However, the lawyer noted that petitions against the 18th and 21st constitutional amendments had been heard by a full court of 17 members. “At least 17 members should hear these petitions against the 26th constitutional amendment,” he added.
Some lawyers have said that the government could not afford the inclusion of judge Syed Mansoor Ali Shah, Judge Munib Akhtar and Judge Athar Minallah in the bench hearing the case.
It will become clear today if CB judges are interested in including the two superior judges of this bench, they added
Some experts also believe that the exclusion of judge Syed Mansoor Ali Shah, judge Munib Akhtar, judge Athar Minallah, judge Shahid Waheed and judge Malik Shahzad Ahmad Khan, of this case, will seriously affect the legitimacy of the bench.
They wonder how the CB, whose creation even under the 26th amendment is questioned, could decide this issue.
Most judges of the Supreme Court were appointed by the former CJP Iftikhar Muhammad Chaudhry in various high lessons after its restoration in 2009.
There was a consideration in the mind of the former CJP that a judge should have the courage to take a stand for the independence of the judiciary, which is now threatened.
However, it is also a fact that the independent group, which has a majority in Pakistan Bar Council and the association of the Supreme Court Bar, supports the 26th constitutional amendment. The same group also benefited from the operation of the system within the framework of this amendment.
On the other hand, Hamid Khan, who heads the professional group, said that the next ECBA election would be a referendum against the 26th constitutional amendment.
