Supreme Court Justices Mansoor Ali Shah and Munib Akhtar have written a letter to Chief Justice of Pakistan (CJP) Yahya Khan Afridi, urging the immediate fixation of pleas challenging the recently adopted 26th Constitutional Amendment. The two judges, who are members of the committee formed under the Supreme Court Practice and Procedure Act (2023), emphasized the need for the constitutional petitions to be heard without further delay.
Committee Decision on Case Hearing
The letter, signed by Justices Shah and Akhtar, clarified that the committee had decided to fix the constitutional petitions challenging the 26th Constitutional Amendment for a full court hearing on November 4, 2024. This decision was made during the committee’s meeting on October 31, 2024, and communicated to the relevant authorities the same day.
No Cause List Issued for the Hearing
Despite the committee’s decision, the letter pointed out that no cause list for the hearing scheduled on November 4 had been issued, leading to concerns about the delay in hearing these important petitions. The judges noted that the decision taken by the committee, as per Section 2(3) of the Supreme Court Practice and Procedure Act, remains in effect and must be implemented as per the law.
Urgency and Legal Implications
The letter underscores the urgency of adhering to the committee’s decision, as the outcome of the case could have significant legal implications, particularly regarding the constitutionality of the 26th Amendment. The judges’ call for immediate action reflects the importance of timely judicial review, ensuring that constitutional petitions are given due consideration without unnecessary delay.
The development highlights ongoing discussions within the judiciary regarding the 26th Constitutional Amendment, with these petitions challenging aspects of the amendment that may have far-reaching implications for Pakistan’s legal and political landscape.
