Former PM, Shahid Khaqan Abbasi, challenges the 26th Amendment in Sindh High Court

KARACHI: Former Prime Minister Shahid Khaqan Abbasi challenged the 26th constitutional amendment in the Sindh High Court on Monday.

The former prime minister requested the court to stop the Judicial Commission from working and to also half the appointment of new judges in the high courts.

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The federation, the government of Sindh, the Chairman Senate, the Speaker National Assembly of Sindh, the Election Commission of Pakistan (ECP) were all made parties to the request.

The 26th amendment was passed by the parliament between October 20 to October 21. It came into force with presidential assent the same day.

The modification contains 27 clauses, which effect change in judicial, parliamentary and executive frameworks. This includes the removal of the controversial suo motu prerogative of the country’s Supreme Court.

It also includes capping the Chief Justice tenure to three years and the reconstitution of the Judicial Commission of Pakistan (JCP) to sit on judicial appointments.

The amendment also introduced article 9A, which declared that every “person shall be entitled to a clean, healthy and sustainable environment” as a ‘fundamental’ right.

The conditional package was presented by the Pakistan Muslim League-Nawaz (PML-N) and was immediately opposed from several quarters, including the opposition and some judicial members.

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The International Commission of Jurists stated the bill was a “blow to the judicial independence, the rule of law and human rights protections”.