ISLAMABAD: The Karachi Bar Association (KBA) on Thursday joined the league of petitioners who have challenged the 26th amendment before the Supreme Court.

It said that since the status of the amendment has yet to be decided, therefore, the Judicial Commission of Pakistan (JCP), the constitutional bench as well as its proceedings were all non est and a nullity in law.

Moved through senior counsel Faisal Siddiqi, the KBA argued that the amendment was against fundamental rights and contrary to the principles of independence of judiciary, federalism and separation of powers.

The petition claimed that the amendment was passed in a manner contrary to the constitution and law and is thus, non est. Therefore, it said, the apex court should strike down the amendment, all acts based on it, decisions, notifications, proceedings or superstructure by any person, authority or body since these were void ab initio and have no legal effect.

‘Furious’ SCBA slams lawyers action committee’s opposition to constitutional bench

The SC should also declare Sections 7, 9, 12, 14, 17 and 21 of the 26th Constitutional Amendment Act, 2024, to be ultra vires to the Constitution. It said that several petitions have been filed before the SC against the 26th amendment, but hearing has not been fixed before the constitutional bench.

The petition contended that the challenge was a public interest litigation, adding that its subject matter includes issues of politicising of judiciary, encroachment upon powers of judiciary, disenfranchisement of provinces and substantive unconstitutionalities that occurred during its passage.

Referring to the procedural lapses in the passage of the amendment, the petition contended that the government had failed to publish the bill in the official gazette or allow public consultation, violating Article 19-A (right to information).

Condemnation rejected

In a separate move, the Supreme Court Bar Association (SCBA) took exception to the condemnation issued by the All Pakistan Lawyers Action Committee, regretting the extension of the constitutional bench for another six month.

SCBA president Mian Mohammad Rauf Atta took exception to the condemnation issued by what he described as the so-called representatives of All Pakistan Lawyers Action Committee, regretting extension of the SC’s constitutional bench for another six months orchestrated by an allegedly executive-dominated JCP.

In a statement, Mr Atta refuted their allegations regarding the JCP’s Dec 21 meeting. He said the SCBA appreciates the JCP proceedings comprising extensive discussions for over eight hours, which resulted in the extension of the constitutional bench for an additional six months.

“We reiterate our full support [for] and confidence in the esteemed members of JCP, its Chairman, and the head of the Constitutional Bench,” he said.

He said the SCBA believes that the introduction of the 26th amendment had secured the independence of judiciary and the formation of constitutional bench has significantly reduced the backlog in the apex court, facilitating faster and more effective justice for the public.

Earlier, the All Pakistan Lawyers Action Committee for the Restoration of Constitutional Rule had condemned the extension and composition of the constitutional bench, orchestrated by the executive-dominated JCP.

The committee said it supports judicial integrity and commends Justice Jamal Khan Mandokhail for aligning with Chief Justice Yahya Afridi, Justice Syed Mansoor Ali Shah and Justice Munib Akhtar in emphasising that SC’s all judges should be part of the constitutional bench.

The statement was endorsed by senior counsel and SCBA’s previous presidents, including Hamid Khan, Qazi Mohammad Anwar, Muneer A. Malik, Abid S. Zuberi, Ali Ahmed Kurd and others.

Published in Dawn, December 27th, 2024