Call for a full court

Puisne judge urges full court hearing on 26th constitutional amendment, citing judicial independence concerns.

The puisne judge's plea to convene the full court for hearing petitions pertaining to the 26th constitutional amendment is lawfully justified. Justice Mansoor Ali Shah, in a letter to Chief Justice Yahya Afridi, has pointed out that more than 25 appeals are pending with the apex court, which fall within the ambit of critical public importance under Article 184(3), and must be heard. Justice Shah enjoys the backing of legal experts and civil society which believe that the impugned amendment has undermined the independence of judiciary and is in direct conflict with the Constitution's principles of trichotomy of powers and its preamble. As per the top court's precedent too, such calls are taken up by the full court, and there is no substance or merit in denying it a composite hearing from the highest appellate forum.

The CJP, himself a jurist par excellence, is in need of taking a call as per his illustrious conscience and the Constitution, and not on the assumptions of a weird political environment. A composite judgment from the full court is highly desired as the spirit of the Constitution stands bruised at the hands of a bulldozed piece of legislation by the bicameral. The impugned new law has increased the influence of the executive in the affairs of judiciary, as they go on to undermine the foundational tenet of judicial independence enshrined in Article 175A. Last but not least, the passage of the amendment was premised on a controversial interpretation wherein floor-crossing was allowed, legislators were coerced, and a thoughtful debate was denied.

The Constitution explicitly establishes the judiciary as an independent pillar of the Federation, and let that be so in toto. The jaundiced amendment has not only led to a compromise in the appointment of CJP and other judicial officers, but also in case of listing and formation of benches. Likewise, it has also created a parallel judiciary in the form of Constitutional Benches with the free intermingling of the executive in the affairs of the court. Let the full court sit in judgment, and take a call in all solemnity under the dictates of law and the Constitution.