Akhtar Mengal, Mohsin Dawar, Fehmida, Khokhar challenge 26th Amendment in SC

Prominent politicians Akhtar Mengal, Mohsin Dawar, Fehmida Mirza, and Mustafa Nawaz Khokhar have jointly filed a petition in the Supreme Court, challenging Pakistan's 26th Constitutional Amendment on Friday.

According to the 24NewsHD TV channel, the petitioners have requested the court to annul the amendment, citing potential violations of constitutional principles.

Previously, on November 4, Jamaat-e-Islami (JI) also submitted a petition opposing the 26th Amendment, naming the federal government and all four provincial governments as respondents. 

JI’s filing argued that the amendment infringes on fundamental human rights and contradicts the Constitution’s core structure. 

The party requested the court to mandate that the Chief Justice of Pakistan (CJP) be appointed based on seniority rather than by a parliamentary party and to suspend the establishment of a new judicial commission.

Earlier, on October 28, 2024, former Supreme Court Bar Association (SCBA) president Abid Zuberi had also filed a petition against the 26th Amendment. 

Zuberi’s petition described the amendment as unconstitutional, asserting that it violates basic rights and the foundational structure of the Constitution. 

He called for the court to prevent further meetings of the Judicial Commission regarding new judicial appointments and highlighted that the current Parliament is incomplete, raising questions about its legal status.

These petitions collectively argue that the amendment undermines judicial independence by involving parliamentary committees in the appointment of the CJP and forming constitutional benches within the Supreme Court’s jurisdiction.

Reporter: Amanat Gishkori