Legal Community Divided Over 26th Constitutional Amendment: Protests Loom

The legal community in Pakistan remains deeply divided over the 26th Constitutional Amendment, with a clear majority of lawyers opposing the amendment, as expressed through multiple petitions filed by bar associations in the Supreme Court. However, there appears to be a split opinion on the matter within the Islamabad High Court regarding judicial appointments. Some bar associations, like the Supreme Court Bar Association and the Sindh High Court Bar Association, have supported the amendment, with Chief Justice Yahya Afridi publicly endorsing the decision.

In contrast, Lahore High Court Bar Association has announced plans to march on February 10 to protest the 26th Amendment, calling on lawyers from across the country to gather outside the Supreme Court. This movement is led by the Hameed Khan Group, a prominent faction within the legal community, although the question remains whether it will gain enough momentum to rival the 2007 lawyers’ movement.

Hameed Khan, a senior lawyer associated with the group, expressed concerns that the current judicial appointments were made under the guise of constitutional necessity but were essentially designed to fill the Supreme Court with judges favorable to specific interests. He criticized the lack of a full court ruling on the 26th Amendment before proceeding with judicial appointments, arguing that this undermined judicial independence.

Khan suggested that despite the heavy opposition from the legal community and political challenges, this movement, though slow, would eventually gain strength, with hopes for success in the near future.

On the other hand, Amanullah Kanrani, former president of the Supreme Court Bar Association, argued that the amendment undermined judicial independence and criticized the rushed manner in which it was passed by parliament. He expressed hope for a peaceful resolution through parliament but emphasized that the legal community would continue to voice its concerns.

Conversely, Shah Khawar, former Attorney General, asserted that the 26th Amendment followed a legitimate parliamentary process, and the calls for protest were unwarranted. He noted that not all bar associations opposed the amendment, with some expressing support for the procedural changes.

The division of opinion reflects the broader tensions within Pakistan’s legal and political landscape as the country grapples with judicial reforms and the role of parliament in shaping the judicial system. The outcome of this internal legal struggle remains uncertain, with further developments expected in the coming days.