Two senior justices of the Supreme Court of Pakistan, Justice Mansoor Ali Shah and Justice Munib Akhtar, have written to Chief Justice Yahya Afridi demanding a full court bench hearing for the case challenging the 26th Constitutional Amendment. The justices requested the hearing take place this week.

In a joint letter, Justices Shah and Akhtar detailed their efforts to convene a committee meeting on October 31 to discuss the matter. Following the Chief Justice’s failure to convene the meeting, the two justices, acting under Section 2, called the meeting themselves. The committee subsequently decided to hear the case before a full court bench on November 4.

However, despite this decision, no cause list was issued, the letter said. The justices stated that the Registrar’s office was informed of the decision, and its implementation is mandatory. They expressed deep regret that the full court hearing has not been scheduled, reiterating that the committee’s decision remains in effect and must be acted upon.

The letter also instructed the Registrar to publish the meeting minutes of October 31 on the website.

The 26th Constitutional Amendment is currently being challenged in the Supreme Court by six lawyers, including a former president of the Supreme Court Bar. The petitioners argue that the amendment violates fundamental rights and the basic structure of the constitution, claiming that votes were coerced from parliamentarians and questioning the legitimacy of the parliament itself.

They contend that the amendment interferes with the independence of the judiciary and the separation of powers, citing the establishment of parliamentary committees to appoint the Chief Justice as an example of judicial interference. The petitioners also request the court to prevent the convening of the Judicial Commission for the appointment of judges. The petitioners named the federation and provinces as respondents.

It is important to note that the Supreme Court (Amendment) Practice and Procedure Ordinance 2024 came into effect on September 20th after being signed by President Asif Zardari.