Khokhar challenges 26th Amendment objections | The Express Tribune
Key Takeaways
- Mustafa Nawaz Khokhar filed an appeal against the Supreme Court registrar's objections to petitions challenging the 26th Constitutional Amendment.
- The 26th Amendment curtailed the Supreme Court's suo motu jurisdiction and transferred CJP appointment power to a Special Parliamentary Committee.
- Khokhar argues that cases involving constitutional amendments must be heard by a full court, not the existing Constitutional Bench.
- The appeal seeks to void the registrar's decision, citing existing orders from Justices Mansoor Ali Shah and Munib Akhtar supporting a full court review.
- The Constitutional Bench is scheduled to continue hearing the original appeals on October 7, despite the ongoing challenge to its jurisdiction.
Mustafa Nawaz Khokhar, Senior Vice President of Tehreek-e-Tahaffuz Ayeen-e-Pakistan (TTAP), filed a chamber appeal on Thursday against the Supreme Court registrar office's objections to petitions challenging the 26th Constitutional Amendment. This recent amendment, enacted on October 21, 2024, significantly altered judicial power by curtailing the Supreme Court's suo motu jurisdiction and shifting the CJP appointment authority to a Special Parliamentary Committee. The new process allows the committee to select the CJP from the top three senior judges instead of automatically appointing the most senior. Khokhar's appeal specifically demands that the registrar's September 19 decision be declared void, asserting that matters concerning constitutional amendments require a full court hearing, citing prior orders from Justices Mansoor Ali Shah and Munib Akhtar. He contends that returning the petitions effectively denies justice and violates established Supreme Court precedents, even as the Constitutional Bench is set to continue hearing the original appeals on October 7.
