Critics say constitutional tweaks have increased executive power over the judiciary
ISLAMABAD:
Retired Supreme Court justices are likely to call for the creation of a full court to hear petitions challenging the 26th Amendment to the Constitution, which critics say has increased the executive branch’s influence over the judiciary.
It is learned that some retired judges – including a former Chief Justice of Pakistan from Sindh – are considering issuing a public statement urging the Constitutional Bench (CB) to set up a full court to hear the petitions.
Sources told The Express Pakinomist that a senior lawyer with a strong reputation among the judiciary and the legal profession has urged retired judges to take a stand on the 26th Amendment, calling it “a great service to the survival of the institution they have long been associated with”.
So far, some retired judges are in favor of making a statement, while others have shown reluctance to avoid controversy. The situation is expected to become clearer next week.
Former Attorney General Muneer A Malik, speaking to The Express Pakinomist, said he wished retired judges would take the stand and described the moment as “defining for the judiciary”.
Senior lawyers believe the stance of retired judges will be decisive at a time when the bar appears to be aligned with the executive. They note that retired judges had also made statements during the 2007 lawyers’ movement.
Both parent bar societies currently support the 26th Amendment. Following his victory in the Supreme Court Bar Association elections, independent group leader 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 constitutional bench, headed by Justice Aminuddin Khan, is likely to adjourn hearings on the 26th Amendment for the next few weeks. The court is currently hearing applications to set up a full court to hear the petitions.
There is little likelihood that the case will be concluded before Justice Aminuddin Khan’s retirement on November 30.
After the provincial bar election, 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, government legal minds remain divided over the creation of an FCC.
Today (Thursday), Shahid Jamil Khan, counsel for former senator Mustafa Nawaz Khokhar, is expected to argue the implementation of the majority decision of the committee formed under the Supreme Court (Practice and Procedure) Act, 2023 to constitute a full court to hear the 26th Amendment petitions.
