Afrasiab challenges 26th Constitutional Amendment

.NDM leader maintains entire 26th Amendment is liable to be "struck down" on grounds of "procedural impropriety"

ISLAMABAD:

National Democratic Movement (NDM) leader and former senator Afrasiab Khattak has challenged the 26th Constitutional Amendment in the Supreme Court, urging it to constitute a full bench to hear his plea.

Khattak made the federation, and political parties, including the PML-N, PPP, PTI, JUI-F and others respondents in the case.

In his petition, the NDM leader maintained that the entire 26th Amendment was liable to be "struck down" on the ground of "procedural impropriety".

"There is evidence in the public domain that the relevant 26th Amendment Bill was not passed by the required majority freely exercising their right to vote as contemplated by Article 239 of the Constitution since certain members were coerced or unlawfully induced to support the same."

The petition stated that certain clauses of the Amendment violate a salient feature of the Constitution. "The salient feature is the requirement for judicial independence and the fundamental right to access to a fair and impartial tribunal."

Khattak further noted that the Amendment was an "attempt to undermine and control independent judges".

The petition further stated that the election of several members of the National Assembly had been challenged, adding that these disputes were pending before election tribunals. "If the election of two or more members who voted in favour of the 26th Amendment is declared void this would render the amendment procedurally defective."

The NDM leader urged the top court to constitute a full bench to hear his petition.