PHC seeks response on 26th amendment

CJ says larger bench might be formed to hear case

PESHAWAR:

The Peshawar High Court has issued a notice to the federal government regarding a petition filed against the 26th Constitutional Amendment, seeking a response.

The court has also ordered the consolidation of this petition with other similar ones. Chief Justice of the Peshawar High Court Justice Ishtiaq Ibrahim remarked that a larger bench might be formed to hear these cases.

The case was heard by a two-member bench, comprising Chief Justice Ishtiaq Ibrahim and Justice Waqar Ahmad. The petitioner, Bushra Gohar, was represented by Ali Gohar Durrani. He informed the court that the federal government is planning to introduce the 26th Constitutional Amendment, but the draft of this amendment has not yet been made public.

The petition was filed to demand that the draft of the amendment be shared with the public before any changes are made to the constitution.

Durrani pointed out that the government had scheduled a parliamentary session for September 14, but it was repeatedly postponed on the same day. He argued that if there are public concerns regarding constitutional amendments, they should be addressed through consultation.

He also referred to the process followed during the 18th Amendment, where a committee was formed and time was given to gather public input. More than 80 suggestions were received for the 18th Amendment.

Ali Gohar Durrani further explained that during the drafting of the 18th Amendment, work was done for five hours daily. He emphasised that before presenting any amendment bill in the National Assembly and Senate, public opinion should be sought.

"The public deserves to know what changes are being proposed in the constitution. Therefore, the court should order the proposed constitutional amendment to be made public and allow relevant stakeholders to provide input."

In response, Chief Justice Ishtiaq Ibrahim asked where it is stated in the constitution that such amendments must be made public. The petitioner's lawyer referred to the Rules of Business of the National Assembly, which state that any bill introduced must be published by the secretary.

He also cited Articles 19 and 25 of the constitution, which allow every citizen to express their opinion on national matters.

After hearing the initial arguments, the bench issued a notice to the federal government, requesting a response at the next hearing. The court also ordered that the petition be combined with other similar petitions. Chief Justice Ishtiaq Ibrahim mentioned the possibility of forming a larger bench to hear these cases. Additionally, the court issued a stay order preventing any action on the constitutional amendment and issued notices to the Attorney General and Advocate General under Article 27(A).

Khyber jirga

Also, the PHC has issued notices to the relevant authorities in response to a petition filed to prevent action against a Pashtun jirga in Khyber District and has requested their replies. The case was heard by a two-member bench comprising Justice SM Attique Shah and Justice Sahibzada Asadullah of the Peshawar High Court.

During the hearing, Shah Muhammad and Peshawar High Court Bar President Fida Gul Advocate appeared on behalf of the petitioner, while Additional Attorney General Sanaullah appeared on behalf of the federal government.

The petitioner's lawyer informed the court that the Pashtun community in Khyber is planning to hold a jirga, but the police and other agencies are preventing them from doing so and are taking action. The petition was filed by an ordinary citizen, not any organisation, and the he is a resident of Khyber.