PESHAWAR: The Khyber Pakhtunkhwa (KP) government has decided against introducing a resolution in the provincial assembly for the creation of constitutional courts.
In this regard, Provincial Law Minister Aftab Alam said that the government does not recognise the 26th Constitutional Amendment, and as a result, cannot support the establishment of constitutional courts under it.
Speaking to the media, Alam emphasised that since the KP government does not acknowledge the amendment, it would not be bringing a resolution to the assembly for the formation of such courts.
The provincial cabinet has endorsed this stance, confirming that no such resolution will be presented in the assembly. Alam also pointed out that the opposition, led by Pakistan Tehreek-e-Insaf (PTI), has rejected the 26th Amendment, making it impossible for the provincial government to accept it.
Further complicating matters, Alam discussed the incomplete state of the K-P Assembly, with several seats still vacant and the process of determining reserved seats pending. He questioned the feasibility of bringing a resolution in an assembly that is not yet fully functional, citing the pending Senate elections as well.
This decision is part of the ongoing resistance from K-P to the federal government’s proposals related to constitutional amendments and the establishment of new judicial structures.
In related developments, a senior official from Punjab shared with a local media outlet that the provincial government is not currently interested in forming constitutional benches. The Punjab government has expressed satisfaction with the current functioning of the Lahore High Court (LHC). Unlike past tensions, the relationship between the Punjab government and LHC Chief Justice Alia Neelum remains cordial, particularly following the elevation of Justice Malik Shahzad Ahmad Khan to the Supreme Court and subsequent transfers of Anti-Terrorism Court (ATC) judges.
However, the Punjab government does have concerns about an interim order that has restrained it from exercising its powers under the Punjab Detention Act, 1960, for one month. This order has raised strong reservations within the provincial government.
The aftermath of the 26th Constitutional Amendment has increased the executive’s influence over judicial appointments, with political figures reportedly working to induct their preferred candidates into superior courts.
However, the major challenge remains ensuring the appointment of independent judges, especially with dozens of vacant judicial positions across superior courts, including the recent increase in the number of Supreme Court judges from 17 to 34.
The government aims to appoint two judges from each province, though this expansion has raised concerns among legal circles, particularly regarding the reduction of the age limit for high court judges from 45 to 40 years, which some claim was influenced by the Pakistan Peoples Party (PPP).
