27th Amendment throws SHC into disarray

The Sindh High Court (SHC) was left partially paralysed on Friday after several judges abstained from courtroom duties in protest over the 27th constitutional amendment, gathering instead in the acting chief justice's chamber.

While the SHC's constitutional bench — headed by Justice Adnan Iqbal Chaudhry, continued to hear cases — the senior-most constitutional bench judge, Justice KK Agha, did not attend court. Several judges assigned to regular benches also did not appear, resulting in the day's cause lists largely remaining unexecuted.

Lawyers said the 27th Amendment has created serious ambiguity over the jurisdiction of the high courts, sparking confusion across judicial ranks.

Sindh High Court Bar Association (SHCBA) General Secretary Mirza Sarfaraz, along with other bar leaders, told reporters that the 27th Amendment had "abolished the Supreme Court in effect," leaving high court judges uncertain about their powers.

While speaking at a press conference, they said lawyers across the country were observing a strike against the amendment and vowed to push for the repeal of the PECA Act as well. The presser was held at the City Court's Committee Room under the banner of the Karachi Bar Association (KBA). The presidents of both the SHCBA and KBA were conspicuous by their absence.

Mirza Sarfaraz said the manner in which successive constitutional amendments were being pushed through was "targeted" and amounted to "an assault on the judiciary." He recalled that the 26th Amendment, which established constitutional benches, had already crippled the justice system, and the creation of a Federal Constitutional Court under the 27th Amendment had now "terminated" the Supreme Court's authority.

He added that SHC judges refrained from hearing constitutional petitions on Friday because "their powers have been taken away." Calling the amendment "illegal and un-Islamic," he said no president or public office-holder could claim lifelong immunity under the Constitution.

He argued that the 1973 Constitution represented a consensus document, improved further by the 18th Amendment, and questioned whose interests the new amendments were serving. "What fear do they have of the courts?" he asked, criticising repeated changes to the status of the Judicial Commission.

He recalled the unrest following the 26th Amendment involving the transfer of judges, stating that the petitions filed at the time resulted in "further deterioration instead of improvement." Quoting the eras of Hazrat Umar and Hazrat Ali (RA), he said equality before the law was the foundation of justice and accused the government of "disfiguring a beautiful Constitution." He warned that a 28th Amendment might soon follow. "Lawyers across Pakistan reject the 27th Amendment," he declared.

KBA Secretary Rehman Korai said politicians were "handed a paper and asked to sign it blindly," alleging that the amendment ran contrary to democratic norms, Islamic values, and constitutional traditions. He warned that the establishment of the Federal Constitutional Court would adversely impact the provinces.

Korai alleged that "favourite judges" were being lined up for appointment to the new court, adding that justice would now be delivered "according to the will of the rulers." He said the legal fraternity would not accept this and had launched a nationwide strike to register their protest.

Meanwhile, the Karachi Bar continued its boycott of court proceedings, shutting the City Court's gates as part of the protest. The strike, the Bar announced, was tied to both the resignations of Supreme Court judges and the controversial 27th Amendment.

The KBA expressed solidarity with Justice Athar Minallah and Justice Mansoor Ali Shah, and predicted that more resignations were likely. Lawyers reiterated their commitment to securing the repeal of the PECA Act as well.