Another petition filed in SC against proposed amendments to constitution

ISLAMABAD: Another petition was filed in the Supreme Court on Tuesday against the 26^th proposed amendments to the constitution, which aimed at making major changes in the country’s judicial system.

The petition, filed by Advocate Saim Chaudhry, named the federal government, the National Assembly Speaker, the Chairman Senate, and the Ministry of Law and Justice as respondents.

The petitioner urged the top court to strike down any attempts by the executive or legislative branches to amend the constitution including the formation of a new Federal Constitutional Court, that would undermine the independence of the judiciary.

The petitioner requested the court to declare the proposed amendments to extend the tenure of the Chief Justice as unconstitutional, which violates the fundamental principles of judicial independence and separation of powers, and the basic structure of the Constitution of Pakistan.

The petitioner alleged that the federal government could not make amendments that contradicted the Constitution and requested the top court to declare amendments unconstitutional and nullified.

The plea added, “Reaffirm the principle of judicial independence as outlined in Article 175(3) and various judicial precedents, ensuring that no branch of government can interfere with the autonomy and impartiality of the judiciary.”

A similar petition was filed last month in the Supreme Court by former president of the Supreme Court Bar Association (SCBA) Abid Zuberi, former federal minister for education Shafqat Mahmood, Shahab Sarki, Ishtiaq Ahmed Khan, Munir Kakar, and others. The SC registrar, however, returned with objections to the petition, saying that hypothetical questions have been posed in it.

Earlier, Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan filed an urgent petition against the proposed constitutional amendments to the United Nations Special Rapporteur on the Independence of Judges and Lawyers, Margaret Satterthwaite, UK’s legal service provider confirmed.

The urgent appeal was filed by Edward Fitzgerald KC, Tatyana Eatwell, and Jennifer Robinson, which raised concerns about the proposed amendment and the serious threat it poses to the independence of the judiciary, the rule of law, and the protection of fundamental rights of the people of Pakistan, including for him and his supporters.