3 more petitions filed in SC against 26th Amendment

ISLAMABAD: Three more petitions were filed in the Supreme Court on Monday, challenging the 26th Constitutional Amendment with the prayer to declare it as unconstitutional.

The petitions were filed by former Supreme Court Bar Association president Abid Shahid Zubairi as well as presidents of Balochistan Bar Council and Balochistan High Court Bar Association.

In his petition, Abid Zubairi prayed the apex court to declare the amendment as repugnant to basic fundamental rights as well as basic structure of the Constitution. He submitted that questions have been raised on the incomplete Parliament as well its constitutional status, adding that the independence of judiciary and theory of separation of powers are the basic structure of the Constitution.

Zubairi submitted that the appointment of chief justice of Pakistan through a Parliamentary Committee was tantamount to direct interference in the judiciary, adding that the constitution of constitutional bench under the 26th Amendment was tantamount to establishment of a parallel court to the Supreme Court.

The petitioner, along with other lawyers, made the Federation of Pakistan as well four provinces as respondents in his petition. Similarly, the Balochistan Bar Council and Balochistan High Court Bar Association, in their petitions, prayed to the apex court to declare the 26th Constitutional Amendment as against the basic structure of the Constitution.

It further prayed that the Judicial Commission established under the 26th Constitutional Amendment should be restrained for convening its meeting and passing any order. It prayed that all steps taken so far in the light of the 26th Constitutional Amendment be set aside. Both the Balochistan Bar Council and Balochistan High Court Association made the Federation of Pakistan through secretary Law and Justice and chief secretaries of all four provinces as in their respective petitions.