ISLAMABAD (Dunya News) - Another application has been filed in the Supreme Court against the newly passed 26th amendment in the constitution. Former Supreme Court Bar Association (SCBA) president Abid Zubairi and six other lawyers filed the plea making federation and provinces parties.
The petitioner contended that constitutional amendment couldn’t be passed through coerced vote. Incomplete Parliament and its constitutional standing raised legal questions.
Pleader stressed that independent judiciary and separation of powers were fundamental structure of the constitution, it can’t be reconstituted through amendment. It was asserted in the plea that appointment of chief justice through a parliamentary committee was equivalent to interference in the judiciary.
The formation of constitutional benches aimed to set up a parallel judicial system to SC, application mentioned.
It was requested in the application to declare the 26th amendment non-constitutional, labelling it contradictory to basic rights and foundation structure of the constitution.
Appealed the court to halt the session of judicial commission for judges appointment.
It is pertinent to note that already two applications had been filed in the SC against the 26th amendment. While, PTI and JI also decided to challenge the constitutional amendment.