ISLAMABAD: Eight former presidents of the Supreme Court Bar Association of Pakistan (SCBAP) on Friday moved the Supreme Court with a petition, seeking the top court to annul the 26th Constitutional Amendment.
The petition has been filed through senior lawyers – Sardar Latif Khan Khosa and Barrister Salahuddin.
In the petition, the former SCBA presidents argued that the 26th Amendment could not have been enacted without a decision on reserved seats in the parliament.
The petition urges the court to declare the amendment null and void and suspend all actions taken under it until a final decision is reached.
The petition claims that the 26th Amendment conflicts with the independence of the judiciary and violates the principle of the separation of powers.
On December 6, 2024, during the Judicial Commission of Pakistan meeting under the chair of Chief Justice of Pakistan (CJP) Justice Yahya Afridi, the letter of Justice Mansoor Ali Shah was also discussed. Justice Mansoor had suggested the formation of a full court on petitions against the constitutional amendments.
Chief Justice Yahya Afridi opposed the proposal of the full court. Justice Yahya Afridi said that the Constitutional Committee will decide when and how to decide the petitions against the 26th constitutional amendment. Chief Justice of Pakistan Yahya Afridi’s opinion was supported by the majority of members.
