Controversy Over Pakistan's 26th Amendment Heats Up in Sindh High Court

The Sindh High Court has issued notices to various legal bodies regarding two petitions challenging Pakistan's 26th Constitutional Amendment. Filed by three lawyers, these petitions question the amendment's impact on judicial independence. The court proceedings highlight concerns about the amendment's influence over the judiciary's impartiality.

On Thursday, the Sindh High Court (SHC) issued notices to the Cabinet Division and Ministry of Law and Justice concerning two constitutional petitions contesting the 26th Constitutional Amendment's legality. The petitions, filed by three lawyers, argue that the amendment is ultra vires to the Constitution, raising major concerns about judicial independence in Pakistan, as reported by Dawn.

The bench, consisting of Chief Justice Mohammad Shafi Siddiqui and Justice Jawad Akbar Sarwana, has also informed the attorney general and the advocate general of Sindh, setting further proceedings in approximately two weeks. Numerous federal and provincial authorities have been listed as respondents. During the hearing, the bench acknowledged that the petitions aim to challenge the reinstatement of certain articles by the amendment, emphasizing that such issues should be brought before constitutional benches.

The bench further mentioned that Article 202A, which allows forming provincial constitutional benches, would only take effect once relevant provincial resolutions are passed, according to Dawn. In their absence, the SHC exercises its jurisdiction based on the assigned roster. The petitions claim the amendment undermines the justice structure, particularly the articles concerning judicial dispensation.

The petitioners' advocates, Ali Tahir and Ebrahim Saifuddin, argued that the amendment allows entities like the federation or provinces to manipulate bench selections for their interests. They believe this undermines the principle that justice must not only be done but also appear to be done. They highlighted concerns that parliamentarians have overstepped by influencing the judiciary through the Judicial Commission of Pakistan, as reported by Dawn.

They expressed that by introducing the amendment, the executive has effectively constrained the court and permitted litigants to judge the performance of judges, potentially influencing future benches and compromising judicial independence. The bench acknowledged the raised issues' significance, stating that since recent constitutional articles through the 26th Amendment have been contested, a notice must be sent to the attorney general for Pakistan under Order XXVII-A CPC.

Apart from the federal ministries, the petitions also list Sindh's chief secretary and the Sindh Assembly's secretary among the respondents, underlining the broad implications of the 26th Constitutional Amendment on Pakistan's rule of law and fundamental rights. (ANI)

(With inputs from agencies.)