Tehreek-E-Tahaffuz-Ein Pakistan leader Mustafa Nawaz Khokhar said on Monday he would file an appeal after the Supreme Court (SC) returned his petition, who sought the formation of a full court to hear challenges related to the 26th change, and called the move an attempt to undermine and close Doors of justice.
SC Registrar Office, who obeyed his assumption, sent SC Registar Office back Khokhar’s application. “The petition does not explain what issues of public significance have been raised in accordance with Article 184 (3). An individual complaint cannot be filed in accordance with Article 184 (2).
It added that the applicant had not met the requirement to invoke Article 184 (2). 3. “More prayers have been made in a single petition,” the objections noted. The office further stated that “Notice issued to the respondents has not been properly drawn as it is not mentioned in the purpose of the petition to this court.”
Mustafa Khokhar filed the petition in SC
Earlier this month, Khokhar filed a petition requesting the implementation of a majority decision taken by SC (Practice and Procedure) Act Committee (PAPA) to set petitions against the 26th constitutional amendment to a full court.
The committee, with a 2-1 majority on October 31, 2023, ordered the SC registrar to indicate the petitions on November 4th. However, the cases were not planned for consultation.
Through lawyer Shahid Jamil Khan, Khokhar filed the petition in accordance with Article 184 (2) of the Constitution. He claimed that neither the Justice Secretary nor any administrative authority has the competence to disregard a legal order from the committee.
The petition argued that legal independence is a fundamental constitutional principle and deviation undermines the rule of law, fair trial and proper process in accordance with Articles 4, 9, 10a and 25.
It further stated that the reasons cited by the Chief Justice of Pakistan Yahya Afridi, including informal consultations and jurisdictional objections, have no legal basis for overriding the committee’s formal decision under statutory mandate.
Khokhar claimed that non -compliance with the committee’s order constitutes administrative dishonesty, frustrates regulatory intention and undermines SC’s collective authority that violates transparency, collegiality and institutional integrity.
The rejection of implementing the order, the petition, adding, stakeholders depriving their right to fair consultation and timely assessment of constitutional challenges that violate articles 4, 10a and 25.
What is the 26th constitutional amendment?
After the ratification of the 26th constitutional amendment, a new selection process for Chief Justice of Pakistan has come into place in the country. According to the new law, CJP is chosen among three senior judges instead of automatically choosing the most senior.
A 12 -members Parliament Committee decides CJP’s name and requires a two -thirds majority. The name is then sent to the Prime Minister, who forward it to the president for approval.
In cases where a senior judge falls, the next most senior judge will be considered. The term for Chief Justice will last for three years, or until they reach the retirement age of 65.
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This commission will include four senior judges, the federal law minister, the lawyer and two representatives each from the National Assembly and the Senate together with a representative from Bar Council with at least 15 years of experience.
The change also provides that no court, court or authority may challenge the advice sent to the president of the Prime Minister or Cabinet.
Furthermore, the legal commission will include four MPs to oversee the selection of the Supreme Court’s judges. The Commission will determine the number of constitutional benches and judges in the Supreme Court and high courts.
The special parliamentary committee, which consists of representatives from all political parties, will ensure proportional representation with eight members from the National Assembly and four from the Senate. Under Article 184 (2). 3, the Supreme Court does not issue any directive or declaration independently.
