Pakistan Tehreek-e-Insaf (PTI) leader Shoaib Shaheen declared on Wednesday that the party will challenge the recently passed 26th Constitutional Amendment. He described it as a threat to the independence of Pakistan’s judiciary. This announcement came during an interview with a local news channel.
The amendment, passed by the ruling coalition with a two-thirds majority, makes significant changes to the judicial system. Among the changes, it allows parliament to select the next Chief Justice of Pakistan (CJP) from the three most senior judges of the Supreme Court.
Justice Yahya Afridi, one of the senior-most judges, has been nominated by a Special Parliamentary Committee as the next CJP under these new rules. President Asif Ali Zardari has approved the nomination in line with the constitutional changes.
Shaheen emphasized that PTI is not opposed to Justice Afridi’s nomination but is concerned about the broader implications of the amendment. He argued that it undermines judicial independence and violates the judiciary’s long-standing tradition of appointing the senior-most judge as CJP.
He also accused the government of manipulating the parliamentary process to push through the amendment. According to Shaheen, there were concerns that lawmakers were pressured into supporting the bill, raising questions about the transparency of the process.
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Impact on Judicial Independence
Shaheen expressed concerns that the amendment has created divisions within the Supreme Court. He said it grants the government too much influence over judicial appointments, which could compromise the independence of the judiciary.
He further criticized the amendment’s impact on the formation of constitutional benches, stating that the new law allows the government to interfere in judicial matters. According to Shaheen, this violates the principle of judicial autonomy, which is a key part of Pakistan’s Constitution.
PTI plans to request that their challenge be heard by a full court. Shaheen argued that a constitutional bench formed under the new law should not judge the legality of the amendment that created it.
He also condemned changes made to the Judicial Commission of Pakistan (JCP). Under the new rules, the JCP has greater power over forming benches to hear cases. Shaheen claimed this limits the autonomy of the courts and puts them under government influence.
JUI-F’s Response
Jamiat Ulema-e-Islam-Fazl (JUI-F) Senator Kamran Murtaza, who was part of the committee that nominated Justice Afridi, disagreed with PTI’s stance. He criticized PTI for boycotting the committee meetings, saying they had an opportunity to engage in discussions but chose not to participate.
Murtaza also denied claims that JUI-F lawmakers were pressured into supporting the amendment. He asserted that Justice Afridi was chosen through a constitutional process and enjoys broad respect within the judiciary.
PTI’s legal challenge to the 26th Constitutional Amendment is expected to escalate the debate over judicial independence in Pakistan. The party insists the amendment undermines the judiciary, while government supporters argue it was passed constitutionally. The court’s ruling on this matter could have lasting implications for the country’s judicial system.
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