26th amendment challenge dismissed
The Peshawar High Court has dismissed a petition challenging the 26th Constitutional Amendment. A two-member bench, comprising Chief Justice Ishtiaq Ibrahim and Justice Waqar Ahmed, heard the petition filed by Najeeb Ahmed.
During proceedings, the petitioner's counsel argued that the amendment raised significant constitutional issues. He contended that the process of introducing the amendment was flawed and might undermine the Constitution's basic framework.
Furthermore, the counsel claimed that the National Assembly lacked the required quorum on the day the amendment was passed, thereby rendering it invalid.
The petitioner had requested that notices be issued to all four provincial governments, the federal government, and additional respondents through supplementary applications. Initially, the federal law and parliamentary affairs secretary were the only respondents.
additional attorney general of Pakistan, Sanaullah, objected to the petition's admissibility, arguing that such cases fall under the Supreme Court's jurisdiction, especially when they concern national constitutional matters.
The court noted that the Peshawar High Court could issue directives only within Khyber Pakhtunkhwa, and constitutional issues affecting the entire country must be addressed by the Supreme Court. The additional attorney general further pointed out that the Supreme Court's constitutional bench is already hearing related cases, and it would be inappropriate for the high court to proceed without jurisdiction.
After hearing the arguments, the court advised the petitioner to withdraw the petition. Subsequently, the bench dismissed the case after the petitioner agreed to withdraw the plea.
Judicial exam candidates' plea
A two-member bench of the Peshawar High Court, comprising Justice Ejaz Anwar and Justice Syed Arshad Ali, has granted conditional permission to candidates challenging the two-year legal practice requirement to participate in exams for Civil Judge, judicial magistrate, and area Qazi posts.
The bench also issued notices to the provincial government regarding this matter.
The petition, filed by lawyers from 13 districts of Khyber-Pakhtunkhwa, was represented by Advocate Nauman Mohibullah Kakakhel. He informed the court that under the Khyber Pakhtunkhwa Judicial Service Rules 2001, a law degree and bar registration were the only prerequisites for these appointments.
However, a 2015 amendment to the rules introduced a mandatory two-year court practice requirement. Kakakhel argued that this condition was discriminatory, as provinces like Sindh and others do not impose such a restriction.
The petitioners requested the court to nullify the 2015 amendment and remove the two-year experience requirement, calling it an unjust burden on aspiring candidates from K-P.