Islamabad: Chief Justice of Pakistan Yahya Afridi opposed a full court hearing on petitions against the 26th Constitutional Amendment.
Chief Justice Yahya Afridi responded to a letter from Justice Mansoor Ali Shah, who had proposed hearing petitions against the 26th Constitutional Amendment first and forming a full court. In his response, the Chief Justice rejected the idea of a full court.
The majority of Judicial Commission members also supported the Chief Justice’s stance.
A Judicial Commission meeting, chaired by Chief Justice Yahya Afridi, reviewed nominations for judges in high courts and the inclusion of more judges in the constitutional benches of the Supreme Court and Sindh High Court.
During the meeting, the topic of scheduling petitions against the 26th Amendment before a full court was discussed. Senior Supreme Court judge Justice Mansoor Ali Shah advocated for a full court hearing on the petitions.
Sources revealed that Chief Justice Yahya Afridi opposed Justice Mansoor Ali Shah’s proposal, stating that decisions on who and how to fix hearings for the petitions against the 26th Amendment fall under the purview of the Constitutional Committee.
The Chief Justice’s view was supported by the majority of Judicial Commission members.
Justice Mansoor Ali Shah clarified that his letter only suggested scheduling the 26th Amendment petitions before a full court. However, Chief Justice Yahya Afridi emphasized that the Judicial Commission does not have the scope to deliberate on the 26th Amendment.
The Chief Justice further stated that, after the 26th Amendment, the authority to schedule constitutional cases lies with the Constitutional Bench Committee. According to sources, one commission member highlighted the importance of rule-making.
The majority of commission members agreed that the matter of rule-making for judge appointments should be resolved by a sub-committee. The Judicial Commission also authorized Chief Justice Yahya Afridi to establish a sub-committee for drafting these rules.
