A petition challenging the 27th Constitutional Amendment was filed in the Peshawar High Court (PHC) on Saturday, arguing that the amendment violates multiple provisions of the Constitution and undermines judicial independence.
The petition was submitted by Advocate Hastum Khan, who contended that the amendment is in conflict with Articles 2A, 10A, 227 and Article 175(3) of the Constitution.
The plea states that Article 175(3) requires the judiciary to be separated from the executive within 14 years of the Constitution’s enforcement, a period that, according to the petitioner, ended in 1987.
The petition argues that the 27th Amendment deals with matters directly linked to the independence of the judiciary and therefore cannot override constitutional guarantees relating to separation of powers.
The petitioner also urged the court to form a full bench to hear the case, citing the constitutional importance of the issue.
The plea further requests that both the 26th and 27th Constitutional Amendments be struck down for allegedly being inconsistent with the Constitution.