ISLAMABAD: Another petition challenging the 26th constitutional amendment was filed in the Supreme Court on Tuesday.
The petition was jointly filed by Ahmed Khan, opposition leader in the Punjab Assembly, Muhammad Azhar Siddique and Munir Ahmed advocate under Article 164(3) of the Constitution making the federation through the Ministry of Law and Justice and Chief Secretaries of four provinces as respondents
The petitioner prayed the apex court to declare that the 26th constitutional amendment abrogates, repeal and destroys the basic features of the Constitution and therefore is non-est, void ab initio and in violation of fundamental rights as enshrined in the Constitution. They further prayed the apex court to declare that the amendment specifically sections 7, 10, 12, 13 , 14, 17 along with other any provisions ibid amending the Constitution are ultra vires and violate the salient features and fundamental rights enshrined in the constitution and therefore unconstitutional
The petitioners further prayed that the new Judicial Commission constituted by virtue of the recently amended Article 175-A of the Constitution from holding any meeting or taking any action or passing any order.
They also prayed to set aside any action taken by the respondents, their agents, assigns employees and any other person of authority acting on behalf of the respondents or any other entity in pursuance of the 26th constitutional amendment.
Likewise, they prayed the court to declare the separation of powers and independence of judiciary and its powers and functions to enforce the fundamental rights be as sacrosanct under the Constitution and beyond the power and competence of the Parliament to withdraw, interfere or tamper with in any manner whatsoever and suspend the operation of the amendments sought to be introduced through the 26th constitutional amendment.
