Seven senior lawyers have written to the Chief Justice of Pakistan (CJP), Yahya Afridi, urging him to urgently hear their separate petitions challenging the 26th Amendment before a full court bench of the Supreme Court. The lawyers argued that the court, which created the legislative instrument, cannot be tasked with judging the validity of that same instrument.
Some of the petitions were filed before the formation of the new Judicial Commission of Pakistan and the Constitutional Benches. These petitions include requests for urgent hearings and interim relief, as outlined by Section 7 of the SC (Practice and Procedure) Act, 2023, which mandates that such matters be heard within 14 days. The letter expresses frustration over the unexplained delay in addressing these petitions.
The letter was signed by prominent senior lawyers, including Muneer A. Malik, Hamid A. Khan, Abid Shahid Zuberi, Salahuddin Ahmad, Khwaja Ahmad Hosain, Akhtar Mengal, and Zainab Janjua. It also requests an investigation into how the petitions have been handled by the court office and stresses the importance of ensuring that all petitions are presented before the full court, as per the majority decision made by the SC Practice and Procedure Committee on October 31. Despite the significant constitutional and public importance of the matter, the letter highlights that over a month has passed without any petitions being assigned a number or scheduled for hearing. Additionally, the SC registrar has not communicated any office objections regarding the petitions.
