Islamabad:
Thirty -eight human rights activists and civil society members of all Pakistan have presented a petition in the Supreme Court, challenging the validity and constitutionality of the 26th amendment that was dragged by Parliament in October last year.
As a group, these petitioners represent almost all religions, sects and ethnicities and come from all genres, age groups, socioeconomic classes and provinces in Pakistan. They include trade unionists, work and peasant representatives, student leaders, basic activists and defenders of civil and political freedoms, gender equality, equal citizenship and a free press.
Although numerous requests against amendment 26 have been presented, the objective of this request directed by civil society is to reflect the concerns of those who will be most affected by the amendment.
It is categorically non -partisan and focuses completely on the premise that amendment 26 is an objective attack on the fundamental rights of people and in the democratic structure of the country.
The petition argues that amendment 26 was approved through the abuse of power and serious violation of due process; that attacks the nature of the social contract between people and the State by effectively undoing the third pillar of the State, a free and independent judiciary. The petition argues that amendment 26 destroys the independence of the Judiciary.
Not only does the Executive and the Legislature give a large role in the appointment of the president of the president of Pakistan and in the appointment of judges for the Supreme Court and the Superior Courts, but also gives the Executive and the Legislature a role in the decision of the composition of the constitutional banks.
The petitioners argue that such poorly thought and dramatic changes will have high -range consequences for democracy, since these measures violate the principle of the separation of powers and will eliminate the critical supervision mechanisms that safeguard the abuse of power by any branch of the State, of our Constitution.
