Tehreek-e-Tahaffuz-e-Ain Pakistan leader Mustafa Nawaz Khokhar on Monday said he would file an appeal after the Supreme Court (SC) returned his petition seeking the formation of a full court to hear challenges related to the 26th Amendment, calling the move an attempt to undermine and close the doors of justice.
Raising objections over its admissibility, the SC registrar office sent back Khokhar’s application. “The petition does not explain what matter of public importance has been raised under Article 184(3). An individual complaint cannot be filed under Article 184(3),” the registrar office said.
It added that the applicant had failed to meet the requirement for invoking Article 184(3). “Multiple prayers have been made in a single petition,” the objections noted. The office further stated that, “Notice issued to the respondents is not properly drawn, as it is not mentioned therein for what purpose the petition is filed before this Court.”
Mustafa Khokhar filed petitioned in SC
Earlier this month, Khokhar filed a petition seeking implementation of a majority decision by the SC (Practice and Procedure) Act Committee (PAPA) to fix petitions against the 26th Constitutional Amendment before a full court.
The committee, by a 2-1 majority on October 31, 2023, directed the SC Registrar to list the petitions on 4 November. However, the cases were not scheduled for hearing.
Through counsel Shahid Jamil Khan, Khokhar filed the petition under Article 184(3) of the Constitution, arguing that the committee’s decision remains lawful, valid and binding. He contended that neither the Registrar nor any administrative authority has the competence to disregard a lawful order of the committee.
The petition asserted that judicial independence is a foundational constitutional principle, and deviation undermines rule of law, fair trial and due process under Articles 4, 9, 10A and 25.
It further stated that reasons cited by the Chief Justice of Pakistan Yahya Afridi, including informal consultations and jurisdictional objections, carry no legal basis to override the committee’s formal decision under statutory mandate.
Khokhar argued that non-compliance of the committee’s order amounts to administrative impropriety, frustrates legislative intent, and undermines the collective authority of the SC, violating transparency, collegiality and institutional integrity.
The refusal to implement the order, the petition added, deprives stakeholders of their right to fair hearing and timely adjudication of constitutional challenges, infringing Articles 4, 10A and 25.
What is the 26th Constitutional Amendment?
Following the ratification of the 26th Constitutional Amendment, a new selection process for the Chief Justice of Pakistan has come into place in the country. Under the new law, the CJP will be selected from among three senior judges rather than automatically choosing the most senior.
A 12-member parliamentary committee will decide the CJP’s name, requiring two-thirds majority. The name will then be sent to the prime minister, who will forward it to the president for approval.
In cases where a senior judge declines, the next most senior judge’s name will be considered. The term for the chief justice will last for three years or until reaching the retirement age of 65. In addition, the amendment outlines that the appointment of Supreme Court judges will be managed by a commission led by the chief justice.
Also Read: President approves 26th Constitutional Amendment
This commission will include four senior judges, the Federal Law Minister, the Attorney General, and two representatives each from the National Assembly and Senate, along with a representative from the Bar Council with at least 15 years of experience.
The amendment also stipulates that no court, tribunal, or authority can challenge the advice sent to the president by the prime minister or the cabinet.
Furthermore, the Judicial Commission will include four parliament members to oversee the selection of Supreme Court judges. The commission will establish the number of constitutional benches and judges within the Supreme Court and High Courts.
The special parliamentary committee, comprising representatives from all political parties, will ensure proportional representation, with eight members from the National Assembly and four from the Senate. Under Article 184(3), the Supreme Court will not issue any directive or declaration independently.
