The Pakistani chief of Tehreek-E-Tahaffuz-e-Ain Mustafa Nawaz Khokhar said on Monday that he would appeal after the Supreme Court (SC) made his petition to request the formation of a full court to hear the challenges linked to the 26th amendment, qualifying the decision to undermine and close the doors of justice.
Bringing objections on his eligibility, the SC registrar’s office returned Khokhar’s request. “The petition does not explain the question of public importance has been raised under article 184 (3). An individual complaint cannot be filed under article 184, paragraph 3,” said the registrar’s office.
He added that the applicant had not met the obligation to invoke article 184 (3). “Several prayers have been made in a single petition,” noted the objections. The office also declared that “the opinion sent to the respondents is not properly drawn, because it is not mentioned for what purpose the request is filed before this court.”
Mustafa Khokhar filed a request for SC
Earlier this month, Khokhar filed a petition for the implementation of a majority decision by the Committee of the SC law (Practice and Procedure) (Dad) to set petitions against the 26th constitutional amendment before a full court.
The Committee, by a majority 2-1 on October 31, 2023, ordered the registraire SC to list the petitions on November 4. However, business was not planned to hear.
Through lawyer Shahid Jamil Khan, Khokhar deposited the petition under article 184, paragraph 3, of the Constitution, arguing that the committee’s decision remains legal, valid and binding. He argued that neither the registrar nor any administrative authority had the jurisdiction to ignore a legal order from the committee.
The petition affirmed that judicial independence is a fundamental constitutional principle and that the deviation undermines the rule of law, the fair trial and the regular procedure under articles 4, 9, 10A and 25.
He also declared that the reasons mentioned by the chief judge of Pakistan Yahya Afrida, including informal consultations and jurisdictional objections, do not include any legal basis to prevail over the official decision of the Committee under the legal mandate.
Khokhar argued that the non-compliance of the committee order is equivalent to an administrative irregularity, frustrates the legislative intention and undermines the collective authority of the SC, violating transparency, collegiality and institutional integrity.
The refusal to implement the ordinance, added the petition, deprives the stakeholders of their right to a fair hearing and the appropriate arbitration of the constitutional challenges, infiltrating articles 4, 10A and 25.
What is the 26th constitutional amendment?
Following the ratification of the 26th constitutional amendment, a new selection process for the chief judge of Pakistan entered the country. Under the new law, the CJP will be selected from the three senior judges rather than automatically choosing the oldest.
A parliamentary committee of 12 members will decide by the name of the CJP, requiring two thirds of the majority. The name will then be sent to the Prime Minister, who will send him to the President for approval.
In cases where a higher judge decreases, the name of the highest judge will be envisaged. The term for the chief judge will last three years or until the 65 -year -old retirement age.
Read also: The president approved on the 26th constitutional amendment
This commission will include four superior judges, the Federal Minister of Law, the Attorney General, and two representatives of the National Assembly and the Senate, as well as a representative of the Council bar with at least 15 years of experience.
The amendment also stipulates that no court, court or authority can contest the councils sent to the president by the Prime Minister or the Cabinet.
In addition, the Judicial Commission will include four members of the Parliament to supervise the selection of judges from the Supreme Court. The Commission will establish the number of benches and constitutional judges within the Supreme Court and the High Courts.
The special parliamentary committee, including representatives of all political parties, will ensure proportional representation, with eight members of the National Assembly and four of the Senate. Under article 184, paragraph 3, the Supreme Court will not publish any directive or declaration independently.
