Tehreek-i-Tahafuz-i-Ayeen-i-Pakistan (TTAP) leader Mustafa Nawaz Khokhar on Monday announced he would challenge the Supreme Court (SC) registrar\u2019s decision to return his petition, which sought the court\u2019s intervention to fix the hearing of pending petitions contesting the 26th Constitutional Amendment before a full bench.<\/p>\n
\u201cThis amounts to undermining and closing the doors of justice. Will file an appeal,\u201d Khokhar said on X.<\/p>\n
The 26th Constitutional Amendment takes away the SC\u2019s suo motu powers, sets the chief justice of Pakistan\u2019s (CJP) term at three years and empowers a special par\u00adliamentary committee to nominate the next CJP from among the three most senior SC judges.<\/p>\n
Invoking the inherent jurisdiction of the apex court for the enforcement of fundamental rights under Article 184(3) of the Constitution, Khokhar had pled the apex court on September 4 for the immediate fixation of the pending challenges to the 26th Amendment before the full court, in compliance with the Oct 31, 2024, decision of the judges\u2019 committee under the 2023 Practice and Procedure Act \u2014 which called for fixing challenges to the 26th Amendment before a full court.<\/p>\n
However, the registrar returned the petition in a September 19 notice to Syed Rifaqat Hussain Shah, the advocate-on-record for the petitioner, saying that Khokhar had \u201cnot pointed out as to what questions of public importance in the instant case are involved with reference to enforcement of any of the fundamental rights guaranteed under the Constitution, so as to directly invoke jurisdiction of the Supreme Court under Article 184(3) of the Constitution\u201d.<\/p>\n
The notice further said Khokhar was invoking the SC\u2019s extraordinary jurisdiction under Article 184(3) for the \u201credressal of an individual grievance, which is not permissible\u201d in terms of a prior judgment reported as 1998 SCMR 793, \u201cZulfiqar Mehdi. Vs. PIA, etc\u201d.<\/p>\n
\u201cIngredients for invoking extraordinary jurisdiction of this court under Article 184(3) of the Constitution have not been satisfied.<\/p>\n
\u201cNotice issued to the respondents is not properly drawn as it is not mentioned therein that for what purpose this constitution petition is being filed before this court,\u201d the notice said, adding that multiple prayers were made in one constitutional petition.<\/p>\n
Last month, CJP Yahya Afridi had ignored the decision made last year by a committee, constituted under the Practice and Procedure Act 2023, to bring challenges to the 26th Amendment of the Constitution before the full SC.<\/p>\n
Since October 2024, multiple petitions have been filed with the SC challenging the amendment, contending that it \u201cabrogates, repeals, alters and destroys the basic features of the Constitution\u201d and \u201cviolates\u201d fundamental rights.<\/p>\n","protected":false},"excerpt":{"rendered":"
Tehreek-i-Tahafuz-i-Ayeen-i-Pakistan (TTAP) leader Mustafa Nawaz Khokhar on Monday announced he would challenge the Supreme Court (SC) registrar\u2019s decision to return his petition, which sought the court\u2019s intervention to fix the hearing of pending petitions contesting the 26th Constitutional Amendment before a full bench. \u201cThis amounts to undermining and closing the doors of justice. Will file […]<\/p>\n","protected":false},"author":1,"featured_media":12187,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9],"tags":[],"class_list":["post-12186","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-court-and-crime"],"_links":{"self":[{"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/posts\/12186","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12186"}],"version-history":[{"count":1,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/posts\/12186\/revisions"}],"predecessor-version":[{"id":12188,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/posts\/12186\/revisions\/12188"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=\/wp\/v2\/media\/12187"}],"wp:attachment":[{"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12186"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12186"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/weeklyyoung.pk\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12186"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}