SC Judges Call for Full Court Hearing on 26th Amendment
Supreme Court judges Justice Mansoor Ali Shah and Justice Munib Akhtar have urged Chief Justice of Pakistan (CJP) Yahya Khan Afridi to promptly restore hearings for the pleas challenging the Constitutional Amendment.
Judges Request Urgent Action from CJP
In their letter, the 2 judges, a part of the committee responsible for resolving cases and forming benches under the Supreme Court Practice and Procedure Act (2023), stated that the committee was committed to addressing to these constitutional petitions in a full courtroom. They initially set the hearing date for November 4. However, Chief Justice Yahya Afridi has not convened the requested session, leading to increased tensions within judicial ranks.
Dispute Begins Over Meeting Request
The dispute began on October 31 , when Justices Shah and Akhtar officially sent a letter to Chief Justice Afridi. Specifically, they urged him to hold a meeting under the Supreme Court Practice and Procedure Act 2023, particularly to address the petitions contesting the 26th Amendment. This amendment, includes modifications to judicial authority and tenure.
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Independent Meeting Held by Judges
With no response from the Chief Justice, Justices Shah and Akhtar met independently in Justice Akhtar’s chambers. Consequently, they aimed to determine the next steps. Following this private session, they decided by majority vote to bring the modification petitions before a full court on November 4. However, no cause list has yet been issued, effectively delaying any immediate hearing.
Concerns Over Delayed Action
In response to the delay, Justices Shah and Akhtar sent a second letter to Chief Justice Afridi. In this letter. They expressed concerns about this postponement, citing up Section 2(2) of the Supreme Court Practice and Procedure Act. The judges argued that the law requires for the committee to address such petitions promptly. Moreover, they had previously informed the registrar in their selection on October 31 and requested him to publish it on the Supreme Court’s official website.
Urgency of Full Court Review Emphasized
The letter highlights the urgency that Justices Shah and Akhtar trust this case warrants. In fact, they said that this count now does not simply influence judicial authority but additionally public self assurance within the legal system. They argued that the petitions challenging the amendment demand a full courtroom evaluation, given the constitutional implications that move past widespread judicial issues.
Growing Divide Within the Supreme Court
Meanwhile, the chief justice’s selection to say no the meeting has underscored a developing divide in the Supreme Court. Legal analysts note that such rifts are rare in Pakistan’s judiciary, especially concerning constitutional interpretation. By refraining from convening a full court docket, the chief justice signals a careful technique to dealing with such cases. This decision may be an attempt to avoid judicial overreach or political entanglements.
Awaiting Hearing on 26th Amendment Petitions
As the twenty sixth Amendment petitions sit up for a taking note of, the divide in Pakistan’s judiciary highlights the complexity and sensitivity of constitutional amendment Ultimately, Justices Shah and Akhtar maintain that a full court is important to uphold judicial transparency and ensure thorough deliberation.
Public Awaits CJP’s Decision
With no clear resolution in sight, the dispute keeps to gasoline debate within felony circles and the wider public. Thus, many are now awaiting a formal response from the chief justice on whether the petitions will appear on the cause list in the coming weeks.
[…] Supreme Court Showdown: Judges Press CJP for Full Court Hearing on 26th Amendment Petitions […]