PTI to challenge constitutional amendment in Justice Afridi-led SC: Shaheen

Oct 24, 2024 - 09:06
Our stance is very clear [...] it was senior most’s right which was snatched,” says senior lawyer
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1. Our stance is very clear [...] it was senior most’s right which was snatched,” says senior lawyer

**ISLAMABAD**: Pakistan Tehreek-e-Insaf (PTI) leader Shoaib Shaheen announced that the party will challenge the recently passed 26th Constitutional Amendment by the coalition government, describing it as an "attack" on the country’s judicial system.

After weeks of political maneuvering, the ruling coalition secured a two-thirds majority to pass the controversial amendment. The 26th Amendment empowers the parliament to select the Chief Justice of Pakistan (CJP) from among the three most senior Supreme Court judges. It also introduces significant changes to the judicial system, including the removal of suo motu powers, the formation of constitutional benches, and the evaluation of high court judges.

In line with the amendments, a Special Parliamentary Committee nominated Justice Yahya Afridi, third in seniority (after excluding current CJP Qazi Faez Isa), as the next Chief Justice. President Asif Ali Zardari later approved Afridi's appointment, according to a notification issued by the Ministry of Law and Justice.

"We, along with the lawyers' community, will challenge the 26th Constitutional Amendment in its entirety," said Shaheen, clarifying that PTI's challenge is not targeted at Afridi’s appointment but at the broader constitutional changes.

Speaking on *Geo News*' program *Aaj Shahzeb Khanzada Kay Sath*, Shaheen argued that the seniority principle, established in the aftermath of Justice Sajjad Ali Shah’s appointment in the late 1990s, dictates that the most senior judge should become CJP. He criticized the amendment, claiming the government created division within the judiciary and that the process undermines judicial independence.

Shaheen also alleged that the government manipulated the passage of the amendment, accusing them of using coercion and bribery. He expressed concerns that the changes incentivize judges to favor the government in order to secure future appointments. He stressed that PTI’s objection is not to Afridi personally, whom he called an "independent and dignified" judge, but to the violation of the seniority rule.

The PTI leader further criticized the amendments’ provisions for forming constitutional benches, calling it a direct attack on the judiciary's autonomy. He questioned whether the executive has the authority to interfere with judicial matters, highlighting that the independence of the judiciary is a fundamental part of Pakistan’s constitutional framework.

Shaheen stated that PTI would seek a full court hearing on the matter, rather than leaving the case to benches formed under the new amendments. He also condemned changes to the Judicial Commission of Pakistan (JCP), accusing the government of gaining undue influence over bench formation and reconstitution.

In response, Jamiat Ulema-e-Islam-Fazl (JUI-F) Senator Kamran Murtaza, who participated in the parliamentary committee that nominated Justice Afridi, criticized PTI’s decision to boycott the meeting. Murtaza noted that despite efforts to persuade PTI lawmakers to attend, they refused to contribute their input. He rejected claims that the JUI-F had objections to Afridi’s appointment, stating that his selection followed a legitimate constitutional process.