Former SCBA presidents demand full court for 26th Amendment case

ISLAMABAD: Former Presidents of the Supreme Court Bar Association (SCBA) have reiterated their demand for the formation of a full court to hear petitions challenging the 26th Constitutional Amendment.

In an open letter addressed to the incumbent SCBA President, Mian Muhammad Rauf Atta, five former SCBA Presidents—Munir A. Malik, Hamid Khan, Ali Ahmed Kurd, Abid S. Zubairi, and Amanullah Kangrani—along with Secretary Salman Mansoor, emphasised the importance of a full court hearing. They argued that to uphold the legitimacy and credibility of the judiciary, all Supreme Court judges must adjudicate the challenges to the amendment.

"The Constitution is the social contract between the citizens and the state, and such significant amendments impact all citizens," they said, adding that the case will determine the future course of the country’s constitutional framework and must therefore be heard by a full court.

The former SCBA leaders expressed disappointment over recent press statements issued by the SCBA president, dated December 26 and December 28, 2024. They criticised his support for the 26th Amendment under the guise of parliamentary supremacy, calling it "gravely concerning."

"We stand firmly against attempts to undermine judicial independence and assert executive dominance over the judiciary," they said in their letter. The former presidents argued that the 26th Amendment disrupts the delicate balance among the three branches of government, contradicting the principle of the trichotomy of powers. "The amendment renders the concept of an independent judiciary illusory," they added.

The letter further highlighted their concern about the executive's dominance in the Judicial Commission of Pakistan (JCP) following the amendment. They said that judges have become a minority voice in the JCP, while the executive now wields undue influence, effectively becoming the "master of the roster."

“The federation is often a party to constitutional cases, making it incompatible with judicial independence for the government to select its judges for disputes involving itself,” they wrote. They called on the SCBA leadership to support their demand for a full court hearing, reaffirming their stance against any measure that compromises the judiciary's independence.