26th Amendment: PHC asks federal govt, secretary JCP to submit replies

PESHAWAR: The Peshawar High Court on Tuesday issued notices to the federal government and the secretary of the Judicial Commission of Pakistan to submit their responses on petitions filed against the 26th Constitutional Amendment.

A two-member bench comprising Justice Syed Arshad Ali and Justice Dr Khurshid Iqbal heard the case.

The petitioner’s lawyer, Muhammad Kashif, informed the court that he had filed two cases in his name challenging this amendment.

According to him, under the new amendment, the nomination of judges to the Supreme Court will be made by five senior judges. However, he said the Article 170 of the Constitution stated that a person to be appointed as a judge of the Supreme Court, who must have at least five years of experience as a high court judge, and in the case of an advocate, 15 years of experience was mandatory.

He argued that the amendment has altered provisions, which affected provincial powers and rights.

According to Section 4 of Article 239, he pleaded that if the federal government made an amendment that potentially affected provincial rights, it must also be passed by the concerned provincial assembly.

He maintained that political representation has been introduced in the Judicial Commission, and that during the appointment of high court judges, provincial assemblies and their representation have been ignored. He claimed that constitutional cases were being placed before specific benches, which was a violation of the Constitution.

He argued that the powers of the Supreme Court cannot be curtailed, but this amendment did exactly that. Previously, advisors (special assistants) were not allowed to sit in the assembly, but this amendment granted them that right.

He told the court that as a result of this amendment, provincial advisors can now participate in assembly sessions, and therefore, these amendments should be declared null and void.

The bench, after hearing the arguments, issued notices to the federal government and the secretary of the Judicial Commission and adjourned the hearing.