LAHORE: Lahore High Court Chief Justice Aalia Neelum on Monday sustained a registrar office’s objection to the maintainability of a petition against the Constitution (26th Amendment) Act 2024.

The chief justice heard the petition filed by a citizen, Nazir Ahmad Chaudhry, on which the office had previously raised objections to its maintainability.

The chief justice questioned the petitioner’s lawyer about the lack of information regarding a similar petition currently under consideration in Supreme Court.

She also noted that no supporting documents were attached to substantiate the petition.

The chief justice observed that it was inappropriate to file petitions on the same issue in multiple courts across the country.

She upheld the office objection and dismissed the petition for being not maintainable.

In his petition, the petitioner contends the amendment does not align with the preamble of the Constitution and violates the principle of an independent judiciary.

The petitioner says disregarding the principle of seniority also places a restriction on judicial independence.

He argues that preventing a Supreme Court judge or bench from hearing cases undermines judicial independence.

He further contends that including parliamentarians and ministers in the judicial commission infringes upon the judiciary’s autonomy.

He pleads that monitoring and issuing instructions to high court judges by the parliamentary committee would obstruct judicial independence.

He also assails allowing the chief election commissioner to work till the appointment of his successor contradicts the preamble of the Constitution.

The petitioner asks the court to set aside the Constitution (26th Amendment) Act 2024 for being unconstitutional.

Published in Dawn, November 26th, 2024