Former senator and leader of the Tehreek-i-Tahafuz-i-Ayeen-i-Pakistan, Mustafa Nawaz Khokhar, has petitioned the Supreme Court to intervene in the scheduling of pending petitions challenging the 26th Constitutional Amendment. The amendment, which limits the Supreme Court’s suo motu powers, sets a three-year term for the Chief Justice, and empowers a parliamentary committee to nominate the next top judge from among the three most senior justices, has faced legal challenges since October 2024.
Khokhar’s petition seeks to overturn Chief Justice Yahya Afridi’s recent decision to disregard a committee ruling from last year that called for the petitions to be heard by a full court. The committee, established under the Practice and Procedure Act of 2023, had directed the registrar’s office to schedule the hearings before all Supreme Court justices.
In a statement to the media, Khokhar emphasized that the committee’s decision was legally binding and criticized the Chief Justice’s reliance on informal consultations with other justices, which he argued lacked legal standing. “When one committee administratively gives its decision according to the law, you cannot ignore it,” Khokhar stated.
The petition requests that the Supreme Court declare the committee’s decision valid and binding, order the immediate scheduling of the petitions before a full court, and rule that any administrative action obstructing the committee’s order is unlawful. It also argues that delaying the hearings violates constitutional rights to a fair and timely trial.
Multiple petitions challenging the amendment argue that it undermines the basic structure of the Constitution and infringes on fundamental rights. The outcome of this legal battle could have significant implications for judicial independence and constitutional governance in Pakistan.
