Critics say the constitutional changes have increased the executive’s influence over the judiciary.
ISLAMABAD:
Retired Supreme Court judges are likely to seek the constitution of a full court to hear petitions challenging the 26th Constitutional Amendment, which critics say has increased the executive’s influence over the judiciary.
Some retired judges – including a former Chief Justice of Pakistan from Sindh – are understood to be deliberating on issuing a public statement urging the Constitutional Court (CB) to constitute a full court to hear the petitions.
Sources told The Express PAkGazette that a senior lawyer with a strong reputation among the courts and bar associations has urged the retired judges to take a stand on the 26th Amendment, calling it “a great service to the survival of the institution with which they have long been associated”.
So far, some retired judges are in favor of issuing a statement, while others have been reluctant to avoid controversy. The situation is expected to be clarified next week.
Former Attorney General Muneer A Malik, speaking to The Express PAkGazette, said he wanted the retired judges to take a stand and described the moment as “defining for the judiciary”.
Senior lawyers believe the stance of retired judges will be crucial at a time when the bar appears aligned with the executive. They note that retired judges had also issued statements during the 2007 lawyers’ movement.
Both top bar associations currently support the 26th Amendment. Following his victory in the Supreme Court Bar elections, Independent Group chief Ahsan Bhoon called for the creation of a Federal Constitutional Court (FCC) through the 27th Constitutional Amendment.
However, observers say the situation may become clearer after the provincial bar council elections scheduled for November 1.
The Constitution Bench, headed by Justice Aminuddin Khan, is likely to adjourn hearings on the 26th Amendment for the next two weeks. The court is currently hearing petitions seeking the formation of a full court to rule on the petitions.
There is little chance that the case will be concluded before Justice Aminuddin Khan retires on November 30.
After the provincial bar elections, the government may introduce the 27th Constitutional Amendment Bill, although senior lawyers say judicial reforms are not the main agenda of the proposed amendment.
Meanwhile, the government’s legal minds remain divided over creating an FCC.
Today (Thursday), Shahid Jamil Khan, lawyer for former senator Mustafa Nawaz Khokhar, is expected to discuss 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 26th Amendment petitions.
