Another petition filed against 26th Constitutional Amendment in SC

Petition requests apex court to nullify the 26th Constitutional Amendment arguing it undermines judicial independence.


News Desk October 26, 2024

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A new petition challenging Pakistan's 26th constitutional amendment was filed in the Supreme Court.

The petition, submitted by advocate Mian Asif under Article 184(3), names the federal government, the Ministry of Law, and the Attorney General as respondents, Express News reported.

In the filing, Mian Asif argues that the 26th amendment undermines judicial independence, which he describes as integral to Pakistan's constitutional framework.

The petition requests that the Supreme Court nullify the amendment, asserting that the Parliament should not pass legislation that could affect judicial autonomy or hinder the administration of justice.

This marks the second recent challenge to the 26th amendment.

Two days earlier, Afrasiab Khattak filed a similar petition, also in the Supreme Court, which lists all major political parties, including Pakistan Muslim League - Nawaz (PML-N) and Pakistan Peoples party (PPP), as respondents.

Previously, Jamaat-e-Islami Pakistan (JI) chief Hafiz Naeem-ur-Rehman criticised the government and Pakistan Tehreek-e-Insaf (PTI) over the approval of the 26th Constitutional Amendment, announcing plans to challenge it in court.

Meanwhile, Afrasiab Khattak of the National Democratic Movement (NDM) has also filed a petition in the Supreme Court, seeking to annul the 26th Amendment on procedural grounds. The former senator has included the federation and multiple political parties, including PML-N, PPP, PTI, and JUI-F, as respondents. Khattak argued the amendment undermines judicial independence, claiming members of parliament were allegedly coerced into voting for it.

PTI leader Shoaib Shaheen also announced PTI’s intention to challenge the amendment, which he called an "attack on judicial independence." Shaheen stated that PTI’s opposition lies in the broader impact of the amendment, especially concerning judicial autonomy.

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