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26th amendment challenged in SC, SHC
ISLAMABAD / KARACHI: A couple of petitions challenging the 26th Constitutional Amendment landed before the superior courts on Tuesday.
A lawyer from Malakand challenged the amendment before the Supreme Court, asking that it be set aside and declared ultra vires to the Constitution.
The petitioner, Muhammad Anas, contended that he was aggrieved by the recently enacted “retrogressive” instrument, which received presidential assent on Oct 20.
The petition argued that the Constitution does not give parliament the right to encroach upon the basic structure of the Constitution. By way of the amendment, the notion of judicial independence as enshrined in the Constitution has been “done away with”.
Though mala fide could not be attributed to the legislature, the petitioner was compelled to attribute mala fide particularly on part of the federal government, the plea stated.
Moreover, the draft bill was kept secret till the end and no debate whatsoever was allowed to be conducted in the parliament, let alone a national debate, it added.
A similar petition was filed before the Sindh High Court on Tuesday. The petitioner, Illahi Bux, who is a lawyer by profession, requested the SHC to strike down various provisions for being “contrary to the principles of judicial independence and separation of powers”.
Published in Dawn, October 23th, 2024
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