SC Judge Salahuddin Panwar, lawyers Asad Rahim, Zeeshaan Hashmi, challenge 27th Amendment
Supreme Court of Pakistan
A day after former chief justice of Pakistan Jawwad S Khawaja challenged the 27th Constitutional Amendment before the Supreme Court, another judge, Justice Salahuddin Panwar, wrote a letter opposing the amendment, citing concerns over the curtailment of the court’s jurisdiction.
The letter is addressed to the Chief Justice of Pakistan, Yahya Afridi, concerning the proposed amendment. In it, Justice Panwar urges the convening of a Full Court meeting to deliberate on the amendment, warning that it poses a potential threat to the independence and autonomy of the judiciary. He emphasizes that there comes a time when silence is not caution but abdication, underscoring the urgency of collective judicial action to safeguard the constitution.
Separately, a group of lawyers—including Asad Rahim Khan and Zeeshaan Hashmi—filed a petition in the apex court against the amendment.
In a petition filed through their counsel, Umer Gilani ASC, the petitioners have argued that the amendment represents the most severe encroachment on judicial independence, "since the advent of the Government of India Act, 1935".
Furthermore, bars across Sindh have announced a Day of Mourning for the 1973 Constitution and a complete strike in courts on Friday, November 14. Lawyers have been asked to hold processions and travel in convoys to Sukkur for the next convention on Saturday, where the further course of action will be decided.
Bars of Sindh announce a Day of Mourning for the 1973 Constitution and complete strike in courts across Sindh on Friday, 14 November. Ask lawyers to take out processions & head in convoys to Sukkur for next Convention on Saturday where further course of action to be announced. pic.twitter.com/fqdi2AeCbC
Earlier, in the petition filed by the lawyers, they contended that the amendment—which creates a new Federal Constitutional Court (FCC) and strips the Supreme Court of key constitutional powers—is illegal, procedurally defective, and unconstitutional.
The petition asserts that Entry 55 of the Federal Legislative List bars Parliament from legislating on the Supreme Court’s jurisdiction, except to enlarge it; hence, creating a new FCC with binding authority over the SC violates this core constitutional safeguard.
The independence of the judiciary, a recognized “salient feature” of the Constitution, is undermined by granting the executive unchecked power to appoint the FCC’s first chief justice and judges. The amendment’s removal of the Supreme Court’s Article 184(3) jurisdiction – its authority to enforce fundamental rights – effectively destroys the Court’s constitutional role as guardian of citizens’ rights.
The petition further contends that the changes enabling forced transfers and premature retirements of judges violate Article 209 and amount to executive capture of the judiciary.
The petitioners, which also include lawyers Shahbakht Pirzada, Usama Rauf, and Hassan Wattoo, have requested that the Supreme Court strike down various provisions of the 27th Amendment for being ultra vires the Constitution and suspend its implementation until a final judgment is rendered.