Latest news with #26thAmendment
Business Recorder
7 days ago
- Politics
- Business Recorder
Al-Qadir Trust case: Aleema slams delay in hearing appeals of IK, spouse
RAWALPINDI: Pakistan Tehreek-e-Insaf (PTI) founding chairman Imran Khan's sister Aleema Khan on Friday criticised the delay in hearing the appeals of Khan and his wife in the Al-Qadir Trust case, claiming that if the Islamabad High Court (IHC) takes up the matter, bail would be granted within minutes. Speaking to reporters outside an Anti-Terrorism Court (ATC) after attending proceedings in the November 26 protest case, Aleema alleged that the Al-Qadir Trust case is being deliberately kept off the court's roster. 'Our lawyer Salman Safdar says this is a three-minute case,' she said, insisting that both Khan and his wife would be granted bail as soon as the case is heard. Aleema went on to allege that the case is so weak that, if legal arguments are presented, criminal proceedings could potentially be initiated against Judge Nasir Javed Rana - the judge who had sentenced Khan to 14 years in prison and his wife Bushra Bibi to seven years in the £190 million National Crime Agency (NCA) scam, commonly known as the Al-Qadir Trust case. She also voiced dissatisfaction with the Islamabad Bar Association (IBA) president, saying that lawyers have expressed no confidence in IBA president, Wajid Gilani. Criticising what she called political double standards, she said, 'You ask for votes by making promises, and then go on to support the 26th Constitutional Amendment.' Aleema appealed to lawyers across the country to stand up for the rule of law, saying, 'We consider you our leaders when it comes to defending justice', adding that 'today, I am telling the legal community that the law is being buried.' Khan's sister urged the legal community once again to take a stand, especially in the wake of the 26th Amendment, warning that the 27th is coming. 'If anything remains in burying the constitution and the rule of law that will be completed with another amendment,' she cautioned. Earlier, she, along with PTI leaders, appeared before ATC judge Amjad Ali Shah in cases registered in connection with the November 26 protest. Khan's sister and PTI's Punjab chief organiser Aliya Hamza appeared before the court along with their lawyers. Aliya Hamza appeared before the court in four cases registered against her in connection with PTI's November 26 protest. The court extended Aliya Hamza's interim bail until June 27, while the interim bail of Aleema Khan was extended till June 26 in a case registered against her at Sadiqabad police station. Copyright Business Recorder, 2025
Express Tribune
7 days ago
- Politics
- Express Tribune
IHCBA to hold jurists confab on 26th Amendment
The Islamabad High Court Bar Association (IHCBA) has announced to organise a jurists conference for an open debate on the advantages and disadvantages of the 26th Constitutional Amendment and invited the Insaf Lawyers Forum to suggest names of its two jurists for the conference. IHCBA President Wajid Ali Gilani wrote a letter to Ali Bukhari of the Insaf Lawyers Forum — which is linked to the Pakistan Tehreek-e-Insaf — in response to his critical letter. Gilani said that the 26th Amendment was passed by parliament and the lawyers would uphold the Constitution. "Lawyers are not legislators, our mandate is to defend the constitutional structure not to hold protest marches against legislation," Gilani said. Two parliamentarians from your party, Barrister Gohar Ali Khan and Senator Ali Zafar, were present during its [26th Amendment] passage." He further said that IHCBA would convene a Jurist Conference for an open debate on the advantages and disadvantages of the 26th Amendment, adding that eminent jurists from all political parties would be invited. "You should nominate two jurists from your party to participate in the Jurist Conference."
Express Tribune
12-06-2025
- Politics
- Express Tribune
JCP to review tenure of CB
A crucial meeting of the Judicial Commission of Pakistan (JCP), chaired by Chief Justice Yahya Afridi, will be held on June 19 in the Supreme Court building. The meeting will discuss extending the tenure of constitutional benches. The matter was last addressed in the commission's session on December 21, 2024, where a majority approved a six-month extension for the nominated judges of the Supreme Court's constitutional benches. At present, 15 judges have been working for the constitutional benches. Among them, a committee led by Justice Aminuddin Khan and comprising Justice Jamal Khan Mandokhail and Justice Ali Mazahar selects judges for the particular constitutional benches. Performance of CB The present CB led by Justice Aminuddin Khan has been able to issue only three reported judgement since it's creation through 26th constitutional amendment. The CB had issued first reported judgement in January. This two-page decision was related to the jurisdiction of CB itself. The order had held that regular benches could not hear matters related to the interpretation of law and constitution. Secondly, reported short order has been passed in military courts case. Likewise, another reported judgement was authored by Justice Jamal Khan Mandokhail. Lawyers are wondering as who will judge the performance of the constitutional bench. They are also raising question that why Justice Mandokhail is not being given independent CB. A lawyer says that the CB started by spending two months studiously avoiding the 26th Amendment case in favour of hearing cases of no importance which had already become infructuous. "It followed that by spending four months almost exclusively on the military courts case before passing a verdict which must surely have pleased the establishment. The only other order of note it passed in that period was to ensure that no regular bench of the Supreme Court could hear any case of importance. "Next, it took up the reserved seats review case in which most of the original judges were excluded and the few who were included seemed to have suddenly, and inexplicably, become of the opposite view from day one", says the lawyer. He said that when the idea of a CB elected by politicians was first floated; many said such a bench was fundamentally against the idea of judicial independence and predicted it would reduce the credibility of the SC to nothing. Nonetheless, judges in Pakistan have sometimes defied predictions. "Unfortunately, the CB's performance thus far has proved this is not one of those times." He also said that the stated rationale of the CB at the time of the 26th Amendment was to improve the constitutional jurisprudence of the SC. In its first six months, the number of detailed judgments it has issued can be counted on the fingers of one hand. And all of them have tended to take out jurisprudence backwards and closer to the desires of the establishment," he adds.
Express Tribune
11-06-2025
- Politics
- Express Tribune
JCP to review tenure of constitutional benches
A crucial meeting of the Judicial Commission of Pakistan (JCP), chaired by Chief Justice Yahya Afridi, will be held on June 19 in the Supreme Court building. The meeting will discuss extending the tenure of constitutional benches. The matter was last addressed in the commission's session on December 21, 2024, where a majority approved a six-month extension for the nominated judges of the Supreme Court's constitutional benches. At present, 15 judges have been working for the constitutional benches. Among them, a committee led by Justice Aminuddin Khan and comprising Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazahar selects judges for the particular constitutional benches. Extension of constitutional benches has been proposed for the second time. The federal government on December 21 managed to get its way at the JCP which had rejected a suggestion to nominate all Supreme Court judges to its Constitutional Bench (CB) by a majority vote of 7 to 6. Except Justice Aminuddin, all JCP's judicial members namely CJP Yahya Afridi, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Jamal Khan Mandokhail had voted for all the Supreme Court judges to be part of the CB. Two PTI members Barrister Gahar Ali Khan and Barrister Ali Zafar supported their view. However, the government as well as the Pakistan Bar Council (PBC) representatives in JCP did not support their suggestion. The judicial members had faced embarrassment, when their own fellow judge, Justice Aminuddin Khan, did not support their suggestion. The JCP by majority 7 to 6 endorsed the extension of the CB led by Justice Aminuddin Khan for six months. Once again it is being expected that the government will be successful to get majority votes for the extension of present CB, which performance is under question. There is no objective criteria for the selection of judges for CB. Performance of CB The present CB led by Justice Aminuddin Khan has been able to issue only three reported judgement since it's creation through 26th constitutional amendment. The CB had issued first reported judgement in January. This two-page decision was related to the jurisdiction of CB itself. The order had held that regular benches could not hear matters related to the interpretation of law and constitution. Secondly, reported short order has been passed in military courts case. Likewise, another reported judgement was authored by Justice Jamal Khan Mandokhail. Lawyers are wondering as who will judge the performance of the constitutional bench. They are also raising question that why Justice Mandokhail is not being given independent CB. A lawyer says that the CB started by spending two months studiously avoiding the 26th Amendment case in favour of hearing cases of no importance which had already become infructuous. "It followed that by spending four months almost exclusively on the military courts case before passing a verdict which must surely have pleased the establishment. The only other order of note it passed in that period was to ensure that no regular bench of the Supreme Court could hear any case of importance. "Next, it took up the reserved seats review case in which most of the original judges were excluded and the few who were included seemed to have suddenly, and inexplicably, become of the opposite view from day one", says the lawyer. He said that when the idea of a CB elected by politicians was first floated; many said such a bench was fundamentally against the idea of judicial independence and predicted it would reduce the credibility of the SC to nothing. Nonetheless, judges in Pakistan have sometimes defied predictions. 'Unfortunately, the CB's performance thus far has proved this is not one of those times.' He also said that the stated rationale of the CB at the time of the 26th Amendment was to improve the constitutional jurisprudence of the SC. In its first six months, the number of detailed judgments it has issued can be counted on the fingers of one hand. And all of them have tended to take out jurisprudence backwards and closer to the desires of the establishment,' he adds.
Express Tribune
05-06-2025
- Politics
- Express Tribune
PM writes to opp to confer on new CEC
After months of dead air and no movement on key electoral appointments, Prime Minister Shehbaz Sharif on Wednesday extended an olive branch to National Assembly Opposition Leader Omar Ayub, inviting him for consultations on the appointment of a new Chief Election Commissioner (CEC). In a letter, the premier stated that the term of the CEC, as well as that of two other members of the ECP, ended on January 26. However, all three have continued their duties under Article 215 of the Constitution. He stated that, according to Article 218, proposals for the CEC and its members must be submitted to the parliamentary committee. The letter comes as the constitutional logjam has been festering since January, as the five-year terms of CEC Sikandar Sultan Raja, Sindh Member Nisar Durrani and Balochistan Member Shah Muhammad Jatoi ended on January 26. The process, laid out clearly in Article 213, requires a consensus between the prime minister and the opposition leader. In the event of no agreement, both sides are supposed to send separate lists of three names to a 12-member bipartisan committee, which would then pick one and send it to the president for formal appointment. However, the process has been gathering dust. Though the seats of the CEC and two members expired in January, the government allowed the 45-day constitutional deadline for new appointments, which lapsed on March 12, to come and go without resolution. The impasse now rests at the feet of both the treasury and opposition, with neither side making serious contact until the PM's letter. On the other hand, the Pakistan Tehreek-e-Insaf (PTI) has already taken the government to court in March. A petition filed in the Islamabad High Court by Ayub and Senate Opposition Leader Shibli Faraz lambasts the inaction as a constitutional violation. It names the federal government, Senate chairman, National Assembly speaker and the ECP as respondents. The petition urges the court to compel the National Assembly speaker to constitute the required parliamentary committee and calls on the Senate chairman to provide names of senators for the same. It further asks the court to order the prime minister to hold meaningful consultations with Ayub, as required under Article 213, and to declare the continued presence of the CEC and two expired members as illegal. Constitutional experts point to the 26th Amendment, which altered Article 215(4) to allow officeholders to continue "till successors are appointed". Both opposition and observers allege the amendment is a legislative patch over executive indecision, especially when key posts meant to guarantee fair elections remain in limbo. Of the four members of the ECP, only the Punjab and Khyber Pakhtunkhwa representatives - Babar Hassan Bharwana and Justice (retd) Ikramullah Khan - still have valid tenures, both stretching till mid-2027. It is worth noting that CEC Sikandar Sultan Raja's tenure has been full of political minefields. Opposition parties, particularly the PTI, have accused him of everything from election mismanagement to open partisanship. He has been criticised for failing to ensure timely general elections and for stripping the PTI of its iconic 'bat' symbol ahead of the 2024 polls. The ECP has also come under fire for failing to implement the Supreme Court's verdict on reserved seats and for not holding Senate elections in Khyber Pakhtunkhwa, a delay denounced by critics as undermining federal parliamentary integrity.
