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SHC rejects plea challenging 27th Amendment, judicial appointments

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Sindh High Court issued a written order rejecting a petition against the 27th Amendment and judicial appointments, directing removal of judges’ names and limiting the case to legal grounds.

KARACHI (Dunya News) - The Sindh High Court has issued a written order rejecting a petition filed against the 27th Constitutional Amendment, the appointment of judges to constitutional courts, and the inclusion of federal constitutional judges as respondents.

In its order, the court dismissed the request to make judges party to the case and directed that all remarks related to judges be removed.

The written judgment states that the petitioner may refile an amended petition within ten days after removing the names of the judges. If the amended petition is not filed within the given time, the case will be fixed for dismissal due to non-prosecution.

The court noted that the petitioner has challenged the 27th Amendment along with the appointment of judges to the federal constitutional court. It said that if a petition challenges a judge’s appointment on grounds of eligibility or competence, Article 199(5) of the Constitution does not create a bar. However, in this case, the petitioner has not sought any inquiry related to judicial appointments.

The order further states that it is an admitted fact that the judges were appointed under the 27th Amendment. The objection raised is not based on eligibility or competence but solely on the amendment itself. As long as the amendment exists, objections to the judges’ appointments cannot be sustained.

The court added that its platform cannot be used for making statements against federal constitutional judges, and that the petition must remain limited to legal grounds only.

 

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