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Petition Filed in Supreme Court Against Move to Curb Judiciary’s Powers

By The South Asia Times

Islamabad— A petition was filed in the Supreme Court of Pakistan on Friday challenging what has been described as an attempt to undermine the constitutional jurisdiction and independence of the superior judiciary through the proposed 27th Constitutional Amendment, according to daily Dawn.

The petition, submitted by Barrister Ali Tahir, contends that the proposed amendment seeks to establish separate “Constitutional Courts” and transfer or curtail the powers currently exercised by the Supreme Court and the high courts under Articles 184(3) and 199 of the Constitution. These articles empower the courts to address matters of public importance and ensure the enforcement of citizens’ fundamental rights.

Barrister Tahir argued that the proposal, if enacted, would “fundamentally alter the constitutional framework, destroy judicial independence, and extinguish citizens’ right of access to justice and judicial review.”

The Federation of Pakistan, the Senate chairperson, and the National Assembly speaker were named as respondents in the plea. The petitioner urged the court to declare that any measure seeking to curtail or transfer the courts’ constitutional jurisdiction is “unconstitutional, void, and of no legal effect.”

He also requested the apex court to affirm that its original jurisdiction under Article 184(3) is an “essential, inviolable, and non-amendable” feature of the Constitution, forming part of its basic structure.

The petition further asked the court to restrain the federal government and Parliament from taking any legislative or executive steps aimed at introducing or debating the proposed amendment until a final verdict is delivered.

Barrister Tahir sought interim directions to ensure that the “constitutional jurisdiction, authority, and independence” of the Supreme Court and high courts remain fully protected during the pendency of the case.