LAHORE – Invoking jurisdiction of the Lahore High Court – petitioners challenged legality of the recently approved 27th Constitutional Amendment alleging the legislation as an effort to compromise independence of the judiciary.
Seeking the Court intervention in the matter on behalf of lawyers Munir Ahmed and Mian Shabbir Ismail on Saturday, Advocate Supreme Court Muhammad Azhar Siddique sought directives to suspend operation of the legislation besides declaring the Amendment void on various grounds.
The petitioners claimed the Amendment as conflict with the basic structure of the Constitution saying it is contrary to spirit of the 1973 Constitution. They submitted that the Supreme Court’s original jurisdiction has been abolished and a Federal Constitutional Court has been placed above it, which raising concerns that the status of the Supreme Court will be weakened and the independence of the judiciary compromised.
The petitioners further submitted saying Pakistan’s 60-year judicial history has been distorted, calling the move an assault on judicial tradition and the system of justice. They are of the view the Federal Constitutional Court was never part of the original constitutional scheme.
Expressing concern over constitutionality of the incumbent government, the petitioners also questioned legality of the Amendment. They claimed through the petition that the amendment is against Islamic provisions, judicial independence, and fundamental rights. The petitioner submitted all the legal formalities have been fulfilled before invoking jurisdiction of the High Court saying legal notices were sent to the President, the Prime Minister, the Chairman Senate, and the Speaker National Assembly in the matter.
The petitioners stated that the Constitution is a social contract, and changes cannot be made without public opinion. They submitted neither detailed debate took place in Parliament nor transparent legislative procedure was observed for the legislation. They blamed the Amendment was approved in the dark of night, without any nationwide open discussion, and no input was sought from lawyers, civil society, journalists, or other segments of society.
Thorugh their prayer to the court the petitioner urged the Lahore High Court for immediate suspension of the amendments, their declaration as void, and a stay on their implementation.
