Supreme Court Dismisses Petitions Against 26th Constitutional Amendment

Islamabad, Thursday: The Supreme Court dismissed petitions challenging the 26th proposed constitutional amendment after the petitioners requested their withdrawal. The government’s highly debated constitutional package seeks to establish a federal constitutional court and limit the tenure of the Chief Justice of Pakistan (CJP) to three years.

A three-member bench, headed by Chief Justice Qazi Faez Isa and comprising Justice Naeem Akhtar Afghan and Justice Shahid Bilal Hassan, heard the petition, which was filed by Abid S. Zubairi, former president of the Supreme Court Bar Association, along with other members of the Pakistan Bar Council.

During the hearing, Hamid Khan, representing the petitioners, requested the withdrawal of the petitions. The CJP questioned the move, expressing surprise that Zubairi and the other petitioners did not appear personally to withdraw their plea, remarking, “Abid Zubairi could have withdrawn the petition himself […] Six lawyers had filed the petition; they could have appeared before the court themselves.”

Khan responded that his clients wished to withdraw all the related pleas. The petition, filed under Article 184(3) of the Constitution on September 16, argued that the proposed amendments were unconstitutional, violating the principles of separation of powers, judicial independence, and fundamental rights.

The petitioners sought the Supreme Court’s declaration that these constitutional principles were beyond Parliament’s authority to alter. They also requested an injunction to prevent the federal government from presenting the bill in Parliament and suspending the operation of the amendments if passed.

Although this petition has been withdrawn, it is noteworthy that other petitioners have similarly challenged the proposed amendments in both the Supreme Court and various high courts, arguing that the bill violates the basic structure of the Constitution.