26th Amendment: LHCBA moves SC for live broadcast of hearing

LHCBA president files civil miscellaneous application (CMA) in the apex court, challenging the amendment

By Our Correspondent
January 09, 2025
A general view of the Supreme Court of Pakistan building in the evening hours, in Islamabad, Pakistan April 7, 2022. — Reuters

ISLAMABAD: The Lahore High Court Bar Association (LHCBA) on Wednesday requested the Supreme Court of Pakistan for live broadcast of hearing on its petition as well as other petitions challenging the 26th Constitutional Amendment.

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The LHCBA president, through his counsel Ajmal Ghaffar Toor, filed a civil miscellaneous application (CMA) in the apex court, challenging the amendment. It submitted that as the present matter involved an important question that the amendment was not in conformity with the text and spirit of the Constitution as well as its salient features and was not repugnant to Article 8, 9, 10A, 175 and 239 of the Constitution, this matter garnered the interest of the entire nation. He submitted that ensuring transparency in these proceedings would propagate democratic principles of open justice and freedom of press. He said it was critical that vast public access be provided through live broadcast as the whole nation was interested in transparency and fair outcome of this case.

Meanwhile, another petition was filed in the SC on Wednesday, challenging the 26th Constitutional Amendment. Salman Mansoor, secretary of the Supreme Court Bar Association (SCBA), filed the petition under Article 184 (3) of the Constitution, making the federation through the secretary Ministry of Law and Justice, the secretary Judicial Commission of Pakistan (JCP) and the chairman Special Parliamentary Committee as respondents. The SCBA secretary prayed the apex court that the operation of the impugned amendment made to the Constitution to the extent of Articles 175A, 191A and through Sections 7, 14, 17 and 21 of the 26th Constitutional Amendment be stayed. He said all the subsequent acts thereunder, especially the formation and working of the committee towards the appointment of judges of supreme and high courts and decisions therein under the impugned Article 175A of the Constitution may also be stayed till final decision of the instant petition in the interest of justice.

It is pertinent to mention here that political parties like Pakistan Tehreek-e-Insaf, Jamaat-e-Islami and former eight presidents of the SCBA have also challenged in the apex court the constitutional amendment.

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