Peshawar – Lawyers have filed a petition in the Peshawar High Court challenging the 27th constitutional amendment. They argue that it violates key constitutional provisions and undermines judicial independence.
The petition was lodged by Hustam Khan Advocate through Sulaiman Khan Advocate. It names the federal government, President of Pakistan, Speaker of the National Assembly, Chairman Senate, Secretary National Assembly, and Secretary Senate as respondents. Moreover, it claims that the amendment contradicts Articles 2A, 10A, and 227 of the Constitution. It also conflicts with Article 175(3).
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The petitioners explain that the Constitution required the judiciary to separate from the executive within 14 years of its enactment. This deadline ended in 1987. They argue that the 27th amendment compromises judicial independence. Additionally, it alters the Constitution’s fundamental structure.
Furthermore, the petition states that the amendment violates basic rights. It subordinates the judiciary under the executive, despite Article 2A guaranteeing autonomy. The lawyers insist that constitutional amendments should never serve the interests of a few individuals.
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The petition requests the court to declare the 26th and 27th amendment null and void. It also calls for a full court bench to hear the case. Legal analysts say the outcome could have wide-reaching implications for judicial independence in Pakistan.
Currently, the Peshawar High Court has not announced a hearing date for this pivotal case.
