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Two senior judges of the Supreme Court of Pakistan have asked Chief Justice of Pakistan (CJP) Yahya Khan Afridi to convene a full court hearing on pleas contesting the 26th Constitutional Amendment.
Two judges Justice Mansoor Ali Shah and Justice Munib Akhtar, who serve on the committee responsible for the Supreme Court’s case scheduling and forming benches under the Supreme Court Practice and Procedure Act 2023, wrote a letter to the CJP, arguing that the committee had decided to address these petitions before a full court. The hearing was fixed for November 4.
However, Chief Justice Afridi has resisted to call the session, leading to increased tension within SC ranks.
The matter came to the fore on October 31 when Justices Shah and Akhtar formally wrote a letter to Chief Justice Afridi requesting him to convene a committee meeting under the Act to discuss the case on the 26th Amendment dealing with changes in judicial authority and tenure.
Justices Shah and Akhtar decided on a course of action by separately meeting in Justice Akhtar’s chambers. They then voted 2:1 to refer the amendment petitions before a full court on November 4.
Even with this order, no cause list has been issued and the case has been held up in limbo.
Following a reaction to the adjournment, Justices Shah and Akhtar released yet another letter to Chief Justice Afridi mentioning grievances at the delay. Citing Section 2(2) of the Supreme Court Practice and Procedure Act, both judges argued that the law requires the committee to address such petitions.
Their letter further indicated that they had communicated to the registrar on October 31 and ordered their decision to be published on the Supreme Court’s website.
