CJP snubs Justice Mansoor for demanding full court bench on 26th Amendment

ISLAMABAD: Chief Justice of Pakistan Yahya Afridi on Friday rubbished the demand of Senior judge Justice Mansoor Ali Shah, who had sought the formation of a full court to take up identical petitions challenging the 26th Constitutional Amendment, passed by parliament earlier in October.

A day earlier, senior judge Justice Syed Mansoor Ali Shah had proposed postponing the Judicial Commission of Pakistan’s (JCP) meeting until pleas challenging the 26th Amendment were adjudicated.

Justice Mansoor Ali Shah had also proposed to the chief justice to make rules of its procedure under Article 175A (4).

Chairing a meeting of the JCP, Chief Justice Yahya Afridi, denied the proposal of Justice Mansoor stating that the constitutional committee was authorised to constitute a full court bench to take up the petitions filed against the 26th Constitutional Amendment and it was beyond the scope of the commission.

During the meeting, a majority of the commission members agreed to the point of view of the chief justice.

Earlier, in his letter, Justice Shah had pointed out that the 26th Amendment restructured the Judicial Commission, but over two dozen petitions challenging the amendment remain pending before the Supreme Court.

He had noted that these petitions could either be upheld or dismissed. If the petitions were accepted, the decisions of the Judicial Commission of Pakistan under the amendment would lose their validity, potentially causing embarrassment for the institution and its members. 

Challenges to the 26th Amendment 

Several prominent political parties and figures including Balochistan National Party-Mengal chief Akhtar Mengal, Grand Democratic Alliance’s Fehmida Mirza, Mohsin Dawar, Mustafa Nawaz Khokhar, Pakistan Tehreek-e-Insaf leader Ahmed Khan Bhachar and Jamaat-e-Islami  have filed petitions against the 26th Amendment, contending that the amendment has undermined judicial independence.

The petitioners have also challenged the manner in which the constitutional amendment was passed in the parliament.

The petitioners have sought to declare the amendment null and void

The petitioners have contended that in the past, judiciary was used as a tool to interfere in executive and legislative matters but now, through the 26th amendment, the parliament has encroached upon the judicial affairs. They have sought the formation of a full court to take up the petitions challenging the 26th Constitutional Amendment. 

The JCP also approved to inclusion of Justice Shahid Bilal Hassan in the Constitutional Bench. 

The JCP also approved the appointment of Justice Adanan Karim and Justice Agha Faisal for the Sindh High Court while the appointment of additional judges for all other high courts was postponed till December 21.

The JCP also debated framing rules for appointment of judges. A judicial commission member emphasized the importance of framing rules and the majority of members agreed to form a sub-committee for drafting the rules. The commission authorised the Chief Justice of Pakistan for the formation of the subcommittee in this regard.