ISLAMABAD: The 26th Constitutional Amendment has been challenged in Pakistan’s Supreme Court.
Former chairman of the Human Rights Commission of Pakistan and ex-senator Afrasiab Khattak filed the petition, requesting the apex court to form a full bench to hear the case.
Khattak also urged the court to investigate whether lawmakers voted on the amendment under pressure or voluntarily, proposing that either the court itself or a judicial commission conduct the inquiry.
The petition claimed that the amendment was passed without proper diligence and called for it to be nullified, arguing that it undermines the independence of the judiciary, which is a fundamental aspect of the Constitution.
Khattak’s petition highlighted concerns about the new mechanism for reviewing judges’ annual performance, stating that it infringes on judicial independence. Additionally, the changes in the appointment process for the chief justice and the formation of constitutional benches were described as violations of judicial autonomy.
The petition further argued that constitutional benches should not be allowed to hear challenges to the 26th Amendment.
Political parties, including PML-N and PPP, were named as respondents in the case. It is worth noting that a separate petition had already been filed in the Supreme Court earlier, also seeking to have the amendment declared void.
