KARACHI: The Sindh High Court (SHC) on Thursday issued notices to the ministries of law and justice and parliamentary affairs on two identical petitions challenging the 27th Constitutional Amendment. The petitioners — both practicing lawyers — have argued that the amendment undermines the separation of powers, judicial independence and the rule of law.
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A two-judge constitutional bench comprising Justice Adnan Iqbal Chaudhry and Justice Muhammad Jaffer Raza asked a federal law officer to submit comments by Dec 18. The petitions, filed by Asif Waheed and Abdul Ahad Ahmar Khan, assert that the amendment creates a parallel judicial structure and subordinates the Supreme Court, violating the Constitution’s basic structure doctrine.
The petitioners contended that enhanced executive influence over the appointment of judges to the Federal Constitutional Court and the Supreme Court poses a direct threat to judicial independence. They also pointed to the introduction of a forced retirement provision, arguing that treating a judge’s refusal to become chief justice as retirement amounts to constructive removal, which infringes constitutional protections.
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The counsel further argued that the amendment destabilises decades of judicial precedent by altering jurisdictional boundaries and allowing executive-dominated bodies to decide the transfer of high court judges. They also challenged the lifetime immunity granted to the President, claiming it violates fundamental rights under Articles 4, 25 and 10A of the Constitution.
The petitioners requested the court to strike down the amendment for violating judicial independence and constitutional principles. After a preliminary hearing, the SHC bench directed the federal ministries to file their responses before the next hearing.
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