Session scheduled for Friday after several letters from SC Justices, Bar Associations, senior lawyers
Chief Justice of Pakistan Yahya Afridi has convened a full court session on Friday to discuss the 27th constitutional amendment after it was passed in the Senate today with a two-thirds majority of 64 votes.
The session is scheduled for tomorrow, before Friday prayers, sources said Express Pakinomist. The decision follows several letters from Supreme Court judges, bar associations and senior lawyers requesting discussion of the change.
The major constitutional amendment proposes to make the Supreme Court subordinate to the newly created Federal Constitutional Court (FCC), with the FCC’s rulings having a binding effect on the Supreme Court. The FCC will hear all constitutional cases, ending the Supreme Court’s suo motu powers.
The Senate approved the 27th Constitutional Amendment Bill after a second round of voting on Thursday, following its passage in the National Assembly on Wednesday. Following Senate approval, the bill was signed into law by President Asif Ali Zardari today. The Ministry of Parliamentary Affairs forwarded the bill and got the Speaker’s consent. The Ministry of Law will now issue a gazette notice as the 27th Amendment has officially become law.
Read: After Ex-CJP Khawaja, Lawyers Asad Rahim, Zeeshaan Hashmi Challenge 27th Amendment SC Amendments
The new amendment has sparked widespread concern among the judiciary and the legal community, with critics arguing that it undermines the Supreme Court’s independence. The controversy has prompted letters from sitting judges, petitions from senior attorneys, and coordinated protests from bar associations that highlight deep concern about the potential shift in the balance of power between the judiciary and the executive branch.
Justice Syed Mansoor had urged Chief Justice Yahya Afridi to engage the executive on the proposed amendment. Similarly, Judge Athar Minallah suggested calling for a judicial convention. Retired judges and senior advocates had also requested the chief justice to take the same step.
Former Chief Justice of Pakistan Jawwad S. Khawaja challenged the amendment before the Supreme Court, warning that it would weaken the state, upset the balance of power and violate the doctrine of separation of powers.
Read more: Ex-CJP Jawwad S Khawaja challenges 27th amendment in SC
A group of lawyers, including Asad Rahim Khan and Zeeshaan Hashmi, also filed a petition in the Supreme Court against curtailment of their jurisdiction. Through their lawyer, Umer Gilani ASC, the petitioners argued that the amendment represents the most serious encroachment on judicial independence “since the advent of the Government of India Act, 1935.”
The letters from other leading attorneys and retired judges highlight growing concern in the legal community about the 27th Amendment. They stress that the proposed changes could seriously undermine judicial independence, weaken the authority of the Supreme Court and centralize power in the executive and military branches, prompting calls for urgent consideration by a full court.
