ISLAMABAD: Justice Shahid Bilal Hassan on Thursday remarked that ignoring Article 191A through which the Supreme Court’s Constitutional Bench (CB) was formed under the 26th Amendment would amount to granting the petitioners “final relief”.
Justice Hassan’s observation came as an eight-member CB heard over three dozen petitions against the 26th Constitutional Amendment, which was passed by Parliament during an overnight session in October last year.
The PTI claimed seven of its lawmakers were abducted to gain their favour as the party opposed the legislation. The Balochistan National Party-Mengal (BNP-M) also alleged its two senators were being pressured, with both later defying party line to vote in the tweaks’ favour.
The legislation, which altered judicial authority and tenure, has been a lightning rod for debate, with both opposition parties and legal experts questioning its impact on the judiciary’s independence. The tweaks took away the SC’s suo motu powers, set the chief justice of Pakistan’s (CJP) term at three years and empowered a Special Parliamentary Committee for the appointment of the CJP from among the three most senior SC judges. It also paved the way for the formation of the CB, which is now hearing petitions against the very legislation that enabled its establishment.
