Ex-CJP Khawaja moves SC against 27th Constitutional Amendment
by Shahid Farooq- Ex-CJP challenges proposed 27th Amendment under Article 184(3).
- Urges apex court to strike down any move curbing SC’s powers.
- Seeks suspension of the tweak's disputed provisions until verdict.
Former chief justice of Pakistan (CJP), Jawwad S Khawaja, on Tuesday filed a constitutional petition in the Supreme Court against the federal government, challenging the proposed 27th Constitutional Amendment under Article 184(3) of the Constitution.
In his petition, the former CJP argued that the apex court’s constitutional jurisdiction cannot be transferred to any other court or forum.
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He urged the top court to strike down any amendment that seeks to curtail the Supreme Court’s powers or limit its constitutional authority.
The former top judge also requested the court to suspend the implementation of the contentious provisions of the 27th Amendment until a final decision is reached on his petition.
The development came a day after the Senate passed the 27th Constitutional Amendment Bill, which aims to overhaul the military and judicial structures, amid the opposition's walkout and protest, tearing their copies.
On Monday, a group of retired judges and senior lawyers penned a letter to Chief Justice of Pakistan Yahya Afridi, seeking a full court meeting over the proposed 27th Constitutional Amendment.
The letter — written by Advocate Faisal Siddiqui and also signed by former Supreme Court's senior puisne judge, Justice (retd) Mushir Alam, and ex Sindh High Court senior puisne judge, Justice (retd) Nadeem Akhtar — expressed “deep sadness and regret” over what they termed the “greatest threat” to the apex court since its establishment in 1956, arising from the proposed 27th Constitutional Amendment.
Besides introducing major changes to the military command structure, the proposed amendment also aims to reduce the powers of the SC, with some authorities shifted to the proposed Federal Constitutional Court.
The term of the Federal Constitutional Court chief justice is proposed to be limited to three years, while the court would have equal provincial representation.
Senior lawyers Muneer A Malik, Anwar Mansoor Khan, Muhammad Akram Sheikh, Ali Ahmad Kurd, Abid S Zuberi, Kamran Amanullah, Khawaja Ahmad Hosain, Salahuddin Ahmed, and Shabnam Nawaz Awan are among the signatories of the letter.
The retired judges and senior lawyers described the proposed amendment as “the biggest and most radical restructuring of the Federal Appellate Court structure since the enactment of the Government of India Act, 1935.”
They maintained that neither civilian nor military governments in Pakistan's history had ever attempted, let alone succeeded, in relegating the Supreme Court to a subordinate entity or depriving it of its constitutional jurisdiction — something they claimed was being done through the proposed amendment.
They urged CJP Afridi to call a full court meeting immediately to discuss the proposed amendment and formulate a collective response to the federal government.
They maintained that the apex court “has every right and power to give its input” regarding any constitutional change that affects its structure and authority.
In the letter, the former judges and senior lawyers urged the apex court to call a full court meeting immediately.