Islamabad [Pakistan], October 27 : A lawyer for the Pakistan Tehreek-e-Insaf (PTI) filed a petition in the Sindh High Court on Saturday challenging the 26th Constitutional Amendment, the Express Tribune reported, citing Express News.
Advocate Ashraf Samo argued that the amendment represents a "direct attack" on the judiciary, which he described as a fundamental pillar of the state.
The petition aims to protect the independence and supremacy of the judiciary as enshrined in Pakistan's 1973 Constitution, specifically under Article 199. Samo requested that the court convene a full bench to hear the case, emphasising the importance of safeguarding fundamental rights, as reported by the Express Tribune.
During a press conference following the petition's filing, PTI's Barrister Ali Tahir raised concerns, stating, "If a flawed law is enacted through an amendment, we can contest it in the high court, which has the authority to issue orders on such matters."
Tahir questioned the legitimacy of the amendment's provision for a special parliamentary committee, asserting that only the Supreme Court has jurisdiction over internal judicial matters. "How can the government form benches? Where is such a law defined?" he asked.
He also highlighted that the amendment could allow the executive to exert undue influence in judicial affairs, particularly in bench formation, a role historically reserved for the judiciary.
Samo's petition also criticised any provision in the amendment allowing for call recordings, claiming it infringes on personal freedoms. He expressed concerns that such changes may threaten judicial independence and set a dangerous precedent, stating, "This nation cannot be governed like a banana republic."
The petition calls for five senior judges to oversee the case to ensure a fair hearing on what he characterised as "a blatant violation of fundamental rights," the Express Tribune reported.
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