The petition claims that entry 55 of the Federal Legislative List prohibits Parliament from legislating on the jurisdiction of SC
A day after former Chief Justice of Pakistan Jawwad S. Khawaja challenged the 27th constitutional amendment in the Supreme Court, a group of lawyers, including Asad Rahim Khan and Zeeshaan Hashmi, also filed a petition in the apex court against curtailing its jurisdiction.
In a petition filed 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”.
Read: Former CJP Jawwad S Khawaja challenges 27th amendment in SC
They argue that the amendment – which creates a new Federal Constitutional Court (FCC) and strips the Supreme Court of key constitutional powers – is illegal, procedurally flawed and unconstitutional.
The petition asserts that entry 55 of the Federal Legislative List prohibits Parliament from legislating on the jurisdiction of the Supreme Court except to expand it; therefore, the creation of a new FCC with binding authority over the SC violates this fundamental constitutional guarantee.
The independence of the judiciary, a recognized “salient feature” of the Constitution, is compromised by granting the executive unlimited power to appoint the first chief justice and judges of the FCC. The amendment’s removal of the Supreme Court’s jurisdiction under Article 184(3) – its authority to enforce fundamental rights – effectively destroys the Court’s constitutional role as guardian of citizens’ rights.
The petition further asserts that the changes allowing forced transfers and premature retirements of judges violate Article 209 and amount to an executive takeover of the judiciary.
The petitioners, also including lawyers Shahbakht Pirzada, Usama Rauf and Hassan Wattoo, requested the Supreme Court to strike down various provisions of the 27th Amendment as ultra vires the Constitution and to stay its implementation until a final judgment is rendered.
