By Asghar Ali Mubarak
ISLAMABAD: Supreme Court of Pakistan, senior judges Justice Mansoor Ali Shah and Justice Muneeb Akhtar have formally requested Chief Justice Yahya Afridi to prioritize the hearing of the 26th Constitutional Amendment case in a full court bench this week. Their letter underscores a growing urgency surrounding this critical issue, highlighting procedural decisions that have sparked internal discussions among the judiciary.
The request stems from a prior decision made during a Practice and Procedure Committee meeting on October 21, wherein it was agreed that the 26th Amendment case would be reviewed by the full court. However, the judges expressed concern over the absence of a cause list and a delay in proceeding with the case, which they believe is pressing given its constitutional implications.
Justice Mansoor Ali Shah and Justice Muneeb Akhtar noted in their correspondence that, despite their attempts to prompt action from Chief Justice Afridi, no committee meeting was convened by him. In response to this lack of action, the two judges took the initiative to hold a meeting themselves on October 31 under Section 2 of the committee’s rules. During this session, it was resolved that the case against the 26th Amendment should be scheduled for a hearing on November 4, and they urged the registrar to ensure that the meeting minutes were published on the Supreme Court’s website.
The context surrounding these events is critical. The judges’ meeting took place in Justice Muneeb Akhtar’s chamber and occurred without the Chief Justice’s participation. The urgency of the matter prompted this action, as both judges recognized the need to address the constitutional petitions challenging the 26th Amendment promptly.
The legal framework within which these decisions are being made has also been evolving. Following the enactment of the Supreme Court Amendment Practice and Procedure Ordinance 2024, President Asif Zardari’s signature on September 20 has transformed how cases are assigned to judges. This ordinance established a new committee structure, replacing the previous system where a three-member bench, typically consisting of the Chief Justice and two senior judges, would handle case determinations.
