Session scheduled for Friday after several letters from SC judges, bar associations and senior lawyers
Pakistan’s Chief Justice Yahya Afridi on Friday convened a plenary hearing to deliberate on the 27th constitutional amendment, after it was passed by the Senate with a two-thirds majority of 64 votes today.
The session is scheduled for tomorrow, before Friday prayers, sources said. The Express PK Press Club. The decision followed several letters from Supreme Court justices, bar associations and senior lawyers seeking deliberation on the amendment.
The major constitutional amendment proposes to subordinate the Supreme Court to the newly created Federal Constitutional Court (FCC), with FCC decisions having binding effect on the Supreme Court. The FCC will hear all constitutional cases, effectively ending the suo motu powers of the Supreme Court.
The Senate approved the 27th Constitutional Amendment bill after a second round of voting on Thursday, following its passage in the National Assembly on Wednesday. After approval by the Senate, the bill was signed today by President Asif Ali Zardari. The Ministry of Parliamentary Affairs forwarded the bill and obtained the President’s approval. The Ministry of Justice will now publish a gazette notification as the 27th Amendment has officially become law.
Read: After ex-CJP Khawaja, lawyers Asad Rahim and Zeeshaan Hashmi challenge SC changes to 27th Amendment
The new amendment has sparked widespread concern within the judicial and legal community, with critics saying it undermines the independence of the Supreme Court. The controversy has prompted letters from sitting judges, petitions from senior lawyers and coordinated protests from the bar associations, underscoring the deep apprehension over the potential shift in the balance of power between the judiciary and the executive.
Justice Syed Mansoor had urged Chief Justice Yahya Afridi to engage the executive on the proposed amendment. Similarly, Justice Athar Minallah suggested convening a judicial convention. Retired judges and senior lawyers had also requested the chief justice to take the same step.
Former Chief Justice of Pakistan Jawwad S. Khawaja challenged the amendment in the Supreme Court, warning that it would weaken the state, upset the balance of power and violate the doctrine of separation of powers.
Learn more: Former CJP Jawwad S Khawaja challenges 27th amendment in SC
A group of lawyers, including Asad Rahim Khan and Zeeshaan Hashmi, also filed a petition in the apex court against curtailment of its jurisdiction. Through their lawyer, Umer Gilani ASC, the petitioners argued that the amendment represents the most serious encroachment on judicial independence “since the advent of the Government of India Act, 1935”.
Letters from other veteran attorneys and retired judges highlight growing concern within the legal community regarding the 27th Amendment. They stress that the proposed changes could seriously undermine judicial independence, weaken the authority of the Supreme Court and centralize power within the executive and military, prompting calls for urgent deliberation by a full court.
