Ex-parliamentarians problem twenty sixth Modification in Supreme Court docket



Police officers walk past the Supreme Court of Pakistan building, in Islamabad, Pakistan April 6, 2022. — Reuters
Law enforcement officials stroll previous the Supreme Court docket of Pakistan constructing, in Islamabad, Pakistan April 6, 2022. — Reuters 

ISLAMABAD: 4 former parliamentarians and an ex-president of the Sindh Excessive Court docket Bar Affiliation (SHCBA) have sought nullification of the contentious judiciary-centric twenty sixth Modification in two separate petitions filed within the Supreme Court docket.

The coalition authorities had handed the contentious constitutional package deal in each homes of parliament on evening between October 20-21 after month-long political deliberations between treasury and opposition lawmakers.

The newest petitions raised the entire variety of challenges to eight towards the twenty sixth Modification containing a set of legal guidelines associated to the nation’s judiciary, together with fixing three-year time period of the Chief Justice of Pakistan (CJP) in addition to the formation of constitutional benches.

In one of many petitions filed within the apex courtroom on Friday, the petitioners embody Balochistan Nationwide Social gathering-Mengal (BNP-M) President Akhtar Mengal, former Nationwide Meeting speaker Fahmida Mirza, Nationwide Democratic Motion (NDM) Chairman and ex-lawmaker Mohsin Dawar, and former Pakistan Peoples Social gathering (PPP) senator Mustafa Nawaz Khokhar.

The petition — making federation, Judicial Fee of Pakistan, Particular Parliamentary Committee, Senate chairman, and Election Fee of Pakistan as events within the case — sought the highest courtroom’s order to declare the judicial package deal null and void.

This is copy of petition filed by ex-lawmakers:

It additionally questioned the best way of passing the twenty sixth Modification from parliament, terming it violative to the Structure and regulation, and sought a radical probe into the “coercive” voting of the parliamentarians.

The previous parliamentarians, of their joint petition, prayed the highest courtroom to strike down sections 7, 14, 17, and 21 of the twenty sixth Constitutional Modification Act, 2024, being violative of the independence of the judiciary moreover nullifying all “all acts, selections, notifications, proceedings or superstructure by any particular person, authority or physique based mostly upon the identical”.

Additionally they sought to strike down the “so-called” Judicial Fee and the “Constitutional Benches” moreover voiding all their proceedings and acts.

Within the second petition filed by former SHCBA president Salauddin Ahmed right now, the highest courtroom was additionally prayed to strike down the Supreme Court docket (Apply and Process) (Modification) Act, 2024, and the Supreme Court docket (Variety of Judges) (Modification) Act, 2024.

Given beneath is copy of petition filed by the ex-SHCBA president:

Chatting with journalists exterior the Supreme Court docket, former PPP senator Khokhar alleged that the BNP-M members of parliament have been “harassed” and booked in numerous circumstances. He mentioned that the constitutional package deal was tantamount to the weakening the state.

NDM Chief Dawar additionally slammed the incumbent authorities for “mocking the general public opinion within the parliament” through passing the constitutional amendments in a questionable method.

Throwing shade at Prime Minister Shehbaz Sharif’s administration, Dawar mentioned that the federal government shied away from holding debates and following parliamentary procedures on the judiciary-centric laws, whereas, there was no illustration of the Khyber Pakhtunkhwa (KP) province within the Senate.

The ruling coalition had succeeded in pushing the extremely contentious judicial reforms by means of the parliament through a two-thirds majority with 225 and 65 votes within the decrease and higher home, respectively final month.

Throughout the course of, the foremost opposition social gathering — the Pakistan Tehreek-e-Insaf (PTI) — avoided voting on the constitutional package deal which was handed on the evening between October 20-21.

Following the approval of the mentioned laws by the parliament, President Asif Ali Zardari had signed the “twenty sixth Modification Invoice” into regulation on the recommendation of PM Shehbaz on the identical day.