LHCBA moves SC for full court to hear pleas against 26th Amendment

ISLAMABAD: The Lahore High Court Bar Association (LHCBA) Thursday requested the Supreme Court (SC) to constitute a full court for hearing its petition challenging the 26th constitutional amendment.

The LHCBA, through its counsel Ajmal Ghaffar Toor, filed an application in the apex court under Order XXXIII, Rule 6, read with Order XI, Supreme Court Rules 1980, for constitution of a full court.

It was submitted that the petition had challenged the 26th constitutional amendment on the grounds that it altered the basic structure and salient features of the Constitution; therefore, matter was of great constitutional importance and of first impression directly impacting the public and citizens of Pakistan as a whole.

The LHCBA prayed to the apex court that in the interest of justice the matter be adjudicated upon by the full court to safeguard the integrity of the judiciary and to conclusively resolve the question regarding the legitimacy of the 26th Constitutional Amendment.

It submitted that from the past judicial history and judicial practice, in all the matter of major constitutional importance and complexity, including cases involving challenge to constitutional amendment have been heard by a full court. “There is a clear precedent in the matter of challenge to 18th and 21st Constitutional Amendment, which were heard and decided by Full Court of 17 judges of the Supreme Court (PLD 2015 SC 401),” the LHCBA submitted.

Earlier, the LHCBA also requested for live broadcast of hearing of its petition as well as other connected petitions against the 26th Constitutional Amendment.