ISLAMABAD: Chief Justice of Pakistan Yahya Afridi has been urged to fix the petitions challenging the 26th Constitutional Amendment before a full court immediately.
Justice Syed Mansoor Ali Shah and Justice Munib Akhtar, who are members of the judges’ Committee formed under Practice and Procedure Act, 2023, on 31st October wrote a joint letter to the Chief Justice Afridi for fixation of all the constitutional petitions against the 26th Constitutional Amendment before the Full Court on November 4.
When there was no response from CJP Yahya then the senior justices called the Committee’s meeting urgently; i.e., on 31st October, in terms of the proviso to sub-section 2 of the Section 2 of the Act, to discuss the fixation of constitutional petitions. “Please consider this matter as urgent”, they communicated to the chief justice.
Despite their request, the chief justice did not convene the meeting. Both the most senior judges then held meeting in Justice Munib’s chamber and passed the order; “Having considered the matter, it is resolved that constitutional petitions, challenging the 26th Constitutional Amendment be placed before the Full Court (on judicial side) and fixed for hearing on Monday; i.e., 4th November, 2024. This decision is carried by majority in terms of Section 2(3) of the Act.”
The senior justices in their letter stated; “Keeping in view the urgency of the matter, we had asked for the meeting to be held at the earliest on that day itself. This was pursuant to the proviso to Section 2(2) of the Act.
“Despite intimation, the meeting was not convened; therefore, considering the urgency of the matter, we proceeded under Section 2 (2) of the Act and held the requisitioned meeting of the Committee on the same day.
“The decision of the Committee, which was promptly communicated on the same day and is binding and effective in terms of Section 2 (3) of the Act, was that the constitutional petitions challenging the 26th Constitutional Amendment be placed before the Full Court (on the judicial side) and fixed for hearing on 4th November, 2024.
They also mentioned in the letter that no cause list of the Full Court in the matter of constitutional petitions has been issued for 4th November, 2024.
They demanded; “The decision of the Committee, which continues to stand, has to be given effect. We are; therefore, constrained to require the fixation of the constitutional petitions before the Full Court positively during the current week, and for the cause list to be issued accordingly forthwith.
“In line with established practice sanctioned by earlier decision of the Committee, the Registrar is directed to upload the decision of 31st October, 2024 on the website of the Supreme Court,” concludes the letter.
In the past when former Chief Justice Qazi Faez Isa used to call the Committee meeting for fixation of the cases and formation of benches, both these judges avoided it. The PML-N government; therefore, through Ordinance amended the Supreme Court (Practice and Procedure) Act, 2023 Act. According to the Act, the committee comprised upon the chief justice and two most senior judges of the Supreme Court.
The ordinance allowed the chief justice to nominate one member of the committee, from time to time. Ex-CJP Qazi Faez Isa; therefore, nominated Justice Aminuddin Khan, who was at that time at No 4 in seniority list of the Supreme Court judges, as the third member of the Committee.
However, CJP Yahya Afridi after taking oath of the office reconstituted the judges’ committee under Act, 2023, and included Justice Munib in it.
Copyright Business Recorder, 2024
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