Two Pakistan SC judges urge CJ to fix hearings for pleas challenging 26th Constitutional Amendment

from pakistan Two senior judges of the Supreme Court Chief Justice Yahya Khan Afridi has been urged to immediately schedule hearing of petitions challenging the 26th Constitutional Amendment, which has given more power to legislators in appointing the top judge.

Of the seventeen sitting judges of the Supreme Court, Justice Mansoor Ali Shah and Justice Munib Akhtar top the seniority list. Justice Shah was set to become the Chief Justice, but a controversial amendment changed the rules, allowing Justice Afridi, who was ranked third in the seniority list, to become the Chief Justice.

The 26th Constitutional Amendment was challenged but the court has not yet taken it up for hearing, prompting both judges to write to Chief Justice Afridi asking him to immediately fix the matter for hearing.

In their letter dated October 31 to the Chief Justice, the two judges, who are part of the committee responsible for deciding cases and creating benches under the Supreme Court Practice and Procedure Act (2023), said the committee has decided to hear these constitutional cases. Have decided to do. Pleas to full court, preliminary hearing date set for November 4.

However, Chief Justice Afridi has refrained from calling the requested session, leading to tension within the judicial ranks.

According to The Express Tribune newspaper, after the Chief Justice’s failure, Justice Shah and Akhtar held an independent meeting in Justice Akhtar’s chambers to decide the next step. After this private session, both judges, by majority vote, decided to bring the amendment petitions before the full court on 4 November.

Despite their decision, no cause list has been released yet, effectively postponing any urgent hearing on the case.

In response to the delay, Justices Shah and Akhtar sent a second letter to Chief Justice Afridi, expressing their concerns over the adjournment.

He highlighted the urgency of the case, saying that “this case affects not only the judicial authority but also the public’s confidence in the legal process.” The Chief Justice’s decision to decline the meeting underlined the growing divisions within the Supreme Court, the newspaper reported. Legal analysts say such differences of opinion are rare within Pakistan’s judiciary, especially on issues involving constitutional interpretation.

According to some experts, by refraining from convening the full court, the Chief Justice has indicated a cautious approach to handling such cases, possibly trying to avoid judicial overreach or political entanglements.

With no clear resolution in sight, the controversy is fueling debate within legal circles and the wider public, as many await a formal response from the Chief Justice on whether the petitions will be added to the cause list in the coming weeks Or not. paper.