Justice Mansoor Ali Shah has written to Chief Justice Yahya Afridi, requesting the formation of a full court to hear petitions challenging the 26th Constitutional Amendment.

In his letter, Justice Shah argues that the numerous petitions (over two dozen) challenging the amendment’s legality should be heard by a full court to ensure a comprehensive and definitive ruling.

He points out that the amendment itself altered the composition of the Judicial Commission, and a decision on the petitions could potentially invalidate any actions taken by the commission under the contested amendment.

He warns that if the petitions are successful, the Judicial Commission’s decisions would be rendered null and void, potentially causing embarrassment to the institution and its members. A timely decision, he argues, would definitively settle the legal status of the commission.

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Justice Shah further explains that he and Justice Munib Akhtar had previously decided on October 31st to schedule a hearing for these petitions, but the Registrar has yet to list them before a full court. He highlights the urgency and importance of resolving these petitions.

The letter also emphasizes that while Article 19-A of the Constitution restricts regular benches of the Supreme Court from hearing constitutional petitions, it does not prevent a full court bench from doing so.

Therefore, Justice Shah proposes delaying any further meetings of the Judicial Commission until the petitions challenging the 26th Amendment are decided. He requests the Chief Justice to direct the Registrar to list the petitions for a full court hearing.