Jamaat-e-Islami Pakistan has challenged the 26th constitutional amendment in the Supreme Court.
Amir Jamaat-e-Islami Hafiz Naeem-ur-Rehman has filed a petition in the Supreme Court against the 26th constitutional amendment.
Hafiz Naeem-ur-Rehman pleaded in the petition that the 26th constitutional amendment is against the basic structure of the constitution and the independence of the judiciary, so it should be declared null and void.
The petitioner requested that it be declared that the appointment of the Chief Justice of Pakistan is possible only on the principle of seniority and that the appointment of the Chief Justice by a parliamentary committee is unconstitutional.
The Sindh High Court accepted the petition against the 26th constitutional amendment for hearing
In the petition filed by Jamaat-e-Islami, it was said that the 26th constitutional amendment is against the principle of separation of powers, and it should be declared null and void.
The petition sought to declare that the 26th constitutional amendment is inconsistent with the basic constitutional principles, resolution objectives, fundamental rights as well.
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The petitioner further said that the change in the composition of the Judicial Commission of Pakistan and the procedure for the formation of constitutional benches should also be declared as inconsistent with the Constitution.
It should be remembered that for the first time in the history of Pakistan, the Chief Justice of the Supreme Court has been selected by a parliamentary committee, before that, in the light of the decision of the Al-Jihad Trust case, the most senior judge of the Supreme Court was the Chief Justice of the country.
Before the approval of the 26th constitutional amendment, Justice Mansoor Ali Shah was to become the next Chief Justice of Pakistan under the principle of seniority, however, on October 22, the majority of the Special Parliamentary Committee for the appointment of the Chief Justice of Pakistan appointed Justice Yahya Afridi as the next Chief Justice of Pakistan. Was nominated.
The Sindh High Court has consolidated 2 petitions against the 26th constitutional amendment
Most of the amendments in the constitutional amendment are in Article 175-A, which deals with the process of appointment of judges to the Supreme Court, High Courts and the Federal Shariat Court.
In the proposed constitutional amendment, the existing powers of the Supreme Court and the High Court will be ‘encroached upon’.
It should be noted that petitions against the 26th constitutional amendment have been filed in the Supreme Court of Pakistan and the Sindh High Court before, in which the amendment was requested to be declared null and void.
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**Interview with Hafiz Naeem-ur-Rehman on Challenging the 26th Constitutional Amendment**
**Host:** Welcome, Hafiz Naeem-ur-Rehman, Amir of Jamaat-e-Islami Pakistan. Thank you for joining us today.
**Hafiz Naeem-ur-Rehman:** Thank you for having me.
**Host:** You’ve recently filed a petition against the 26th constitutional amendment in the Supreme Court. Can you elaborate on your main concerns regarding this amendment?
**Hafiz Naeem-ur-Rehman:** Certainly. Our primary argument is that the 26th amendment undermines the fundamental structure of the constitution, particularly concerning the independence of the judiciary. We believe that judicial appointments, especially that of the Chief Justice, should be strictly based on the principle of seniority, rather than through a parliamentary committee, which we view as unconstitutional.
**Host:** So, you’re essentially arguing that this amendment disturbs the separation of powers within the government?
**Hafiz Naeem-ur-Rehman:** Exactly. The principle of separation of powers is critical to maintaining a balanced governmental system. The 26th amendment, in our view, compromises this principle and is inconsistent with the foundational objectives and fundamental rights guaranteed by our constitution.
**Host:** What outcome are you hoping for from this legal challenge?
**Hafiz Naeem-ur-Rehman:** We seek a declaration from the Supreme Court that the 26th constitutional amendment is null and void. Our aim is to reinforce the integrity of our judicial system and ensure that constitutional principles are upheld for the benefit of the people.
**Host:** The Sindh High Court has accepted your petition for hearing. What are the next steps for your side in this legal battle?
**Hafiz Naeem-ur-Rehman:** We will prepare our arguments and present our case before the Supreme Court, aiming for a clear understanding of the implications of this amendment. We hope that the court will recognize the validity of our claims and take appropriate action.
**Host:** Thank you, Hafiz Naeem-ur-Rehman, for sharing your insights on this important issue. We wish you the best of luck in your legal efforts.
**Hafiz Naeem-ur-Rehman:** Thank you very much. I appreciate the opportunity to discuss this matter.
