PTI files petition challenging 26th Constitutional Amendment in SHC

PTI lawyer urges court to establish full bench to hear petition, stressing need to protect fundamental rights

A Pakistan Tehreek-e-Insaf (PTI) lawyer filed a petition in the Sindh High Court on Saturday, challenging the 26th Constitutional Amendment, accordin to Express News. Advocate Ashraf Samo argued in his plea that the amendment constitutes a “direct attack” on the judiciary, describing the courts as a key pillar of the state.

He said the petition aims to safeguard the independence and supremacy of the judiciary, grounded in Pakistan's 1973 Constitution under Article 199. He urged the court to establish a full bench to hear the petition, stressing the need to protect fundamental rights.

In a press conference following the petition, PTI’s Barrister Ali Tahir voiced concerns, stating, “If a flawed law is enacted through an amendment, we can contest it in the high court, which has the authority to issue orders on such matters.”

Tahir questioned the validity of the amendment’s provision for a special parliamentary committee, arguing that only the Supreme Court holds the authority over internal matters. “How can the government form benches? Where is such a law defined?” he asked.

Tahir further noted that the amendment risks allowing the executive undue influence in judicial matters, particularly in the formation of benches, a responsibility historically vested solely in the judiciary.

Samo’s petition also criticised any provision within the amendment allowing for call recordings, stating it encroaches on personal freedoms.

He expressed concern that such changes jeopardise judicial independence and set a troubling precedent, remarking, “This nation cannot be governed like a banana republic.”

The petition called for five senior judges to preside over the case to ensure a fair hearing on what he termed “a blatant violation of fundamental rights.”