Jamaat-e-Islami Pakistan challenges 26th Constitutional Amendment in Supreme Court
ISLAMABAD, Nov 4 (SABAH): Jamaat-e-Islami Pakistan has challenged the 26th Constitutional Amendment in the Supreme Court of Pakistan. It has been requested in the petition to declare the amendment as null and void.
On Monday, Jamaat-e-Islami Emir Engineer Hafiz Naeemur Rehman through lawyer Imran Shafique, filed a petition in the Supreme Court of Pakistan against the 26th Constitutional Amendment in which the four provinces including the Federation were made parties.
The petition requests that the 26th Constitutional Amendment is against the basic structure of the Constitution and the independence of the judiciary, so it should be declared null and void. The petitioner requested that it be declared that the appointment of the Chief Justice of Pakistan is possible only on the basis of the principle of seniority.
The petition further stated that the appointment of the Chief Justice by a parliamentary committee is unconstitutional. The petition filed by Jamaat-e-Islami said that the 26th Constitutional Amendment is against the principle of trichotomy of powers of powers so it should be declared null and void.
The petition requested that it be declared that the 26th Constitutional Amendment is inconsistent with the fundamental constitutional principles, objective resolution and fundamental rights.
The petitioner further said that the change in the composition of the Judicial Commission of Pakistan and the procedure for the formation of Constitutional benches should also be declared as inconsistent with the Constitution.