Retired judges likely to demand full court

Critics say constitutional tweaks have increased executive's influence over judiciary

ISLAMABAD:

Retired Supreme Court judges are likely to call for the constitution of a full court to hear petitions challenging the 26th Constitutional Amendment, which critics say has increased the executive's influence over the judiciary.

It is learnt that some retired judges - including a former chief justice of Pakistan from Sindh - are deliberating on issuing a public statement urging the Constitutional Bench (CB) to constitute a full court to hear the petitions.

Sources told The Express Tribune that a senior lawyer with a strong reputation among the bench and bar has urged retired judges to take a stand on the 26th Amendment, calling it "a great service to the survival of the institution they have long been associated with".

So far, some retired judges are in favour of issuing a statement, while others have shown reluctance to avoid controversy. The situation is expected to become clearer next week.

Former attorney general Muneer A Malik, speaking to The Express Tribune, said he wished that retired judges would take a stand, describing the moment as "defining for the judiciary".

Senior lawyers believe the stance of retired judges will be crucial at a time when the bar appears aligned with the executive. They note that retired judges had also issued statements during the 2007 lawyers' movement.

Both superior bar associations are currently supporting the 26th Amendment. Following his victory in the Supreme Court Bar Association election, Independent Group head Ahsan Bhoon called for the creation of a Federal Constitutional Court (FCC) through the 27th Constitutional Amendment.

However, observers say the situation may become clearer after the provincial bar council elections scheduled for November 1.

The Constitutional Bench, led by Justice Aminuddin Khan, is likely to adjourn hearings on the 26th Amendment for the next couple of weeks. The bench is currently hearing applications seeking the formation of a full court to adjudicate the petitions.

There is little likelihood that the case will conclude before Justice Aminuddin Khan's retirement on November 30.

After the provincial bar elections, the government may table the 27th Constitutional Amendment Bill, though senior lawyers say that judicial reforms are not the main agenda in the proposed amendment.

Meanwhile, the government's legal minds remain divided over the creation of a FCC.

Today (Thursday), Shahid Jamil Khan, counsel for former senator Mustafa Nawaz Khokhar, is expected to argue regarding the implementation of the majority decision of the committee formed under the Supreme Court (Practice and Procedure) Act, 2023, to constitute a full court to hear the 26th Amendment petitions.