SHC dismisses plea seeking injunction against approval of proposed 26th amendment’s draft

The Sindh High Court on Monday dismissed petitions seeking an injunction to restrain the federal cabinet from approving the draft of the proposed 26th amendment in the constitution.

Petitioners Mohammad Ghulam Rehman Korai and others also sought a direction for the government to make the final draft of the proposed amendment public for debate for at least for 60 days.

A division bench headed by Chief Justice Mohammad Shafi Siddiqui, after hearing the arguments of the counsel, observed that the petitioners’ counsel miserably failed to assist the court on the law points.

The court observed that counsel has not brought the recent judgment in respect of the Practice and Procedure Act 2023 wherein a question to challenge proposed legislation was taken up.

It said the counsel was further unable to articulate as to which article would compel the cabinet to share the proposed draft with the bacouncils and the bar associations or with the public so that fair comments could be made.

The court further observed that representatives of the public are sitting in the National Assembly and Senate. It said the legislative procedure is provided in article 70 to 77 of the constitution and submissions are devoid of such frame.

The SHC said courts have been restrained from interfering in such matters and in particular in respect of the issue of legislation (competence of which otherwise is not denied) unless it is seen to be demonstrably unconstitutional.

The court observed that since it has not yet surfaced as an Act of the parliament, the process of adjudicating it either constitutional or unconstitutional cannot be triggered. It said the petition merits no consideration and dismissed the same.