Karachi Bar Association challenges 26th Amendment

ISLAMABAD: The Karachi Bar Association on Thursday challenged the 26th Constitutional Amendment in the Supreme Court with the prayer to declare that the Act was passed in a manner contrary to the constitution and law.

It called for striking down all acts, decisions notifications, proceedings or superstructure by any person, authority or body that is based on the same. It was filed by Amir Nawaz Warraich, President of Karachi Bar Association under Article 184(3) of the Constitution, making federation respondent through the secretary Ministry of Law and Justice, the Speaker National Assembly, the Senate Chairman as well as four provincial chief secretaries.

The petitioner further prayed the apex court that in the alternate, sections 7, 9, 12, 14, 17 and 21 of the 26th Constitutional Amendment to be ultra vires to the constitution, against the fundamental rights and contrary to the principles of independence of the judiciary. Filed through advocate Faisal Siddiqui, the petitioner questioned if the Act undermines the essential features of the constitution by compromising judicial independence and trichotomy of powers.”

Similarly, the petitioner also questioned whether, under the principles settled by the apex court in the cases of Benazir Bhutto (PLD 1988 sc 416) and Rawalpindi Bar Association (PLD 2015 SC 401), the instant case is to be heard by the full court as it existed before the enactment of the Act? He stated that hearing of the instant petition by the Constitutional Bench would violate the principle that “Nobody can be a judge in his cause. He also submitted that the subject matter of the petition includes issues of, inter alia, politicization of the judiciary, encroachment over powers of the judiciary, disenfranchisement of provinces and substantive unconstitutionalities during its passage.

These issues, in essence, distort the very foundations and salient features of the constitution which is a matter of grave public importance regarding enforcement of various fundamental rights”, the petitioner contended adding that the instant petition is maintainable under Article 184(3) of the constitution.

It is pertinent to mention here that political Parties including Pakistan Tehreek-e-Insaaf (PTI), Jamaat–e–Islami, Sunni Itehad Council as well as eight former presidents of the Supreme Court Bar Association had also challenged the 26th Constitutional Amendment in the Supreme Court.