CJP Calls Full Court Session Today

Chief Justice of Pakistan, Yahya Afridi, called for a Full Court session on Friday (today) regarding the 27th Amendment, according to report...

Chief Justice of Pakistan, Yahya Afridi, called for a Full Court session on Friday (today) regarding the 27th Amendment, according to reports.

Three judges, including Justice Syed Mansoor Ali Shah, Justice Athar Minallah, and Justice Salahuddin Panhwar, had sent letters to Chief Justice Yahya Afridi, requesting him to hold a Full Court meeting to address the 27th Amendment. According to sources, the meeting is scheduled before Friday prayers, and all Supreme Court judges have been notified about this. Both houses of Parliament have approved the 27th Amendment, and President of Pakistan Asif Ali Zardari signed the bill on Thursday evening, making it part of the Constitution.

Justice Panhwar, in his correspondence, rejected the amendment and expressed worries about the reduction of the court's authority. "There are moments when remaining silent is not wisdom but a failure to act. I think we may be at such a moment now," he stated. Justice Panhwar mentioned that the 27th Amendment "seems to affect the core principles on which our judicial system is built." "It refers to modifications that could involve the executive and legislative branches in areas that have traditionally been the domain of judicial autonomy," he warned.

Stressing the importance of an independent judiciary, Justice Panhwar mentioned that judicial independence "is not a matter of entitlement; it is the fundamental requirement for freedom." He cautioned that "if the judiciary is not free from fear, influence, or control, then the rule of law becomes just an empty word—lifeless and meaningless." In his six-page letter, Justice Mansoor addressed the current CJP, saying, "As the 'Head of the Judiciary,' you are the guardian of this institution. Therefore, it is your constitutional and ethical responsibility to make sure that no change affecting the judiciary moves forward without the judiciary's thoughtful, collective, and documented input." "Allowing this would mean letting the judiciary be reorganized without its involvement, which would breach both constitutional standards and the principle of separation of powers," he further noted.

The senior judge of the Supreme Court asked, "Have the judges from the constitutional courts—the Supreme Court, the Federal Shariat Court, and the High Courts—been invited to discuss the proposed amendment and provide their official response? If not, the procedure lacks constitutional correctness and democratic validity."

Justice Mansoor stated that until the issues [related to the 26th Amendment] are definitively resolved, any additional efforts to modify the judicial structure may hide unresolved constitutional flaws and create more uncertainty about the validity of both the amendment process and the constitutional system.

Justice Athar Minallah also called on Pakistan's Chief Justice Yahya Afridi to hold a judicial meeting in order to facilitate an open institutional discussion with all judges from the Supreme Court and High Courts, aiming to address challenges to the judiciary's independence.

In a seven-page letter, he described the function of the higher judiciary, especially the Supreme Court, in the past backing dictators who had violated constitutions, thereby undermining public confidence in the institution.

"The Supreme Court, whether intentionally or through neglect, has frequently been used as a tool to suppress the people's will instead of protecting it. From approving the dissolution of the first expression of the people's will, the Constituent Assembly, to repeatedly supporting unconstitutional actions by unelected power groups," he wrote.

Justice Athar mentioned that the judicial system should act as a defense against political interference instead of becoming its tool.

Previous judges and senior attorneys requested the Chief Justice of Pakistan, Yahya Afridi, to convene a Full Court session to discuss the effects of the proposed 27th Amendment and to express the judiciary's unified position.

Former judges, including former Chief Justice Jawad S. Khawaja, Justice Mushir Alam, former senior judge of the Supreme Court, Justice (retd) Nadeem Akhtar, former senior judge of the Sindh High Court, and former Attorneys General of Pakistan Munir A. Malik and Anwar Mansoor Khan, along with former Presidents of the Supreme Court Bar Association Akram Sheikh, Ali Ahmed Kurd, Amanullah Kanrani, and Abid Zuberi, and prominent lawyers Khawaja Ahmed Hosain, Salahuddin Ahmed, and Shabnam Nawaz Awan, have voiced serious worries about the proposed 27th Constitutional Amendment.

A number of attorneys, among them Asad Rahim Khan and Zeeshaan Hashmi, have also submitted a petition to the highest court challenging the amendment.

Provided by SyndiGate Media Inc. (Syndigate.info).