LAHORE: Hearing a petition against the 26th constitutional amendment, Lahore High Court Chief Justice Aalia Neelum on Wednesday directed the petitioner to furnish details of a similar matter pending before the Supreme Court.

The chief justice took up the petition filed by Advocate Nazir Ahmed Chaudhry as an objection case.

The registrar’s office had raised an objection to the maintainability of the petition.

Petitioner’s counsel Shahid Rana appeared before the court with a request to overrule the office’s objection to the petition.

Chief Justice Neelum observed that the 26th Amendment had already been challenged before the Supreme Court. She said it would not be appropriate for the high court to proceed with the matter without knowing the status of the petition filed before the apex court.

The chief justice adjourned the hearing for a date to be fixed after submission of the required details by the petitioner.

In his petition, the petitioner contends the amendment does not align with the preamble of the Constitution and violates the principle of an independent judiciary.

The petitioner says disregarding the principle of seniority also places a restriction on judicial independence.

He argues that preventing a Supreme Court judge or bench from hearing cases undermines judicial independence. He further contends that including parliamentarians and ministers in the judicial commission infringes upon the judiciary’s autonomy.

He pleads that monitoring and issuing instructions to high court judges by the parliamentary committee would obstruct judicial independence.

He also assails allowing the chief election commissioner to work till the appointment of his successor contradicts the preamble of the Constitution.

The petitioner asks the court to set aside the Constitution (26th Amendment) Act 2024 for being unconstitutional.

Bail extended: An anti-terrorism court on Wednesday extended the pre-arrest bail of Opposition Leader in National Assembly Umar Ayub, former federal minister Asad Umar, two sisters of PTI founding chairman Imran Khan and others in multiple cases of the May 9 riots.

Mr Asad appeared before the court on expiry of his bail, however, others including MNA Zain Qureshi sought one-time exemption from personal appearance.

The court asked the lawyer for the former federal minister whether his client joined the investigation of the cases against him.

The counsel said the former minister appeared before a joint investigation team (JIT). He said a visual record of his appearance was also available.

However, a police official contradicted the claim of the PTI leader.

The court extended the bail of Asad till Nov 19 and summoned the DSP legal on the next hearing.

The court allowed the exemption requests of Umar Ayub, Zain Qureshi, Aleema Khan and Uzma Khan, extending their bail till Nov 26.

However, the court allowed the exemption pleas of MPA Hafiz Farhat Abbas and PTI-Lahore President Imtiaz Mahmood Sheikh with a warning to withdraw their bail if they again fail to appear on the next date of hearing.

Speaking to the media, Asad denied reports about him meeting President Asif Ali Zardari or joining the PPP.

“I am in Lahore, and I can’t even imagine joining any other political party,” he said with determination.

To a query about bashing of PTI leadership by former federal minister Fawad Chaudhry, he said: “I will just advise him to take it easy.”

Separately, another court withdrew the arrest warrants of PTI social media activist Sanam Javed on her appearance in cases against her.

Her warrants were issued for skipping previous hearings.

The jail officials did not present former foreign minister Shah Mahmood Qureshi, former governor Omar Sarfraz Cheema, former provincial minister Dr Yasmin Rashid, Senator Ejaz Chaudhry and former provincial minister Mian Mahmoodur Rashid before the court.

The court adjourned hearing of the cases against the PTI leaders till Nov 7.

Published in Dawn, October 31st, 2024