K-P govt decides against forming constitutional bench

K-P law minister says the assembly cannot address constitutional court issue due to incomplete legislature.

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The Khyber Pakhtunkhwa (K-P) government has decided not to present a resolution in the provincial assembly for the formation of constitutional courts.

Provincial Law Minister Aftab Alam explained that since the provincial government does not recognise the 26th Constitutional Amendment, they cannot accept the formation of constitutional courts under it, Express News reported on Monday.

"If we do not recognise the 26th Constitutional Amendment, how can we agree to the creation of constitutional courts?" he said, adding that the government would not bring such a resolution to the assembly.

The provincial cabinet has also approved this decision, ensuring that no such resolution will be tabled.

Aftab Alam further stated that the opposition, led by the Pakistan Tehreek-e-Insaf (PTI), had rejected the 26th Amendment, and the provincial government could not accept it.

He also highlighted the ongoing issues in the K-P Assembly, with the chamber incomplete and certain seats still vacant.

"The assembly is not complete; the decision on reserved seats has not been made, and the Senate elections are also pending," Alam said.

"Given this situation, how can we bring a resolution in an incomplete house?"

This decision comes as part of the province's continuing objections to federal government proposals related to constitutional changes and the setup of new judicial structures.

Few week ago, s senior Punjab official told The Express Tribune that his government is not interested, thus far at least, in establishing constitutional benches. It has been learned that the provincial government is satisfied with the functioning of the LHC.

Unlike in the past, the relationship between the Punjab government and incumbent LHC Chief Justice Alia Neelum is not tense. After the elevation of Justice Malik Shahzad Ahmad Khan to the Supreme Court, Anti Terrorism Courts (ATCs) judges have already been transferred by THE incumbent LHC CJ.

By the same token, the Punjab government has not been at loggerheads with its chief justice on any matter. There is also the perception that those judges with a background in criminal law are in the driving seat at the LHC.

However, a senior government official in Punjab states that the provincial government has strong reservations over an interim order in which the Punjab government has been restrained from using its powers, under Section 3 of the Punjab Detention Act, 1960, for one month.

After the 26th Constitutional Amendment, the executive's influence has increased when it comes to appointing judges to superior courts judges. It has been learned that different political functionaries have started working towards inducting their preferred candidates.

The biggest challenge for the judiciary remains in appointing independent judges after the 26th Amendment.

Dozens of judge seats are vacant in each superior court. The number of SC judges has also increased from 17 to 34 and the government wants to appoint two from each province.

A PML-N lawyer claims that the increase of SC judges, and the reduction of the age limit from 45 to 40 years for a high court judge, have been done on PPP's wishes.