Critics say constitutional changes have increased executive influence over judiciary
ISLAMABAD:
Retired Supreme Court justices will likely seek the formation of a full court to hear petitions challenging the 26th Constitutional Amendment, which critics say has increased executive influence over the judiciary.
It is learned that some retired judges – including a former chief justice of Pakistan from Sindh – are planning to issue a public statement urging the Constitutional Bench (CB) to constitute a full court to hear the petitions.
Sources told The Express PK Press Club that a senior lawyer with a strong reputation among the bench and the bar urged the retired judges to take a stand on the 26th Amendment, terming it a “great service to the survival of the institution with which they have been associated for a long time”.
So far, some retired judges have favored issuing a statement, while others have been reluctant to avoid controversy. The situation should become clearer next week.
Former attorney general Muneer A Malik, speaking to The Express PK Press Club, said he wanted retired judges to take a stand, calling the moment a “defining moment for the judiciary”.
Senior lawyers say the position of retired judges will be crucial at a time when the bar appears aligned with the executive. They note that retired judges also issued statements during the 2007 lawyers’ movement.
Both senior bars currently support the 26th Amendment. After his victory in the Supreme Court Bar Association elections, Independent Group leader Ahsan Bhoon called for the creation of a Federal Constitutional Court (FCC) through the 27th Constitutional Amendment.
However, observers believe that the situation could become clearer after the elections to the provincial bar council scheduled for November 1.
The Constitutional Court, headed by Justice Aminuddin Khan, is likely to adjourn hearings on the 26th Amendment in the coming weeks. The bench is currently considering petitions to form a full court to decide the petitions.
The case is unlikely to be concluded before Justice Aminuddin Khan retires on November 30.
After the provincial bar elections, the government may table the 27th constitutional amendment bill, although senior lawyers say judicial reforms are not the main objective of the proposed amendment.
Meanwhile, government lawyers remain divided over the creation of an FCC.
Today (Thursday), Shahid Jamil Khan, counsel to former senator Mustafa Nawaz Khokhar, is expected to argue regarding the implementation of the majority decision of the committee formed under the Supreme Court (Practice and Procedure) Act, 2023, to constitute a full bench to hear the 26th Amendment petitions.
