SC urged to declare any move against higher courts’ jurisdictions as void

ISLAMABAD: The Supreme Court (SC) was urged to declare any proposal, attempt, or measure—whether in the form of a bill, draft, or discussion—that seeks to curtail, transfer, suspend, or abolish the constitutional jurisdiction of the apex court or the High Courts (HCs) as unconstitutional, void, and of no legal effect.

On Friday, Barrister Ali Tahir filed a petition under Article 184(3) of the Constitution, challenging the proposed 27th Constitutional Amendment, raising concerns about its potential impact on the powers and jurisdiction of the higher judiciary.

The petition focuses on safeguarding the powers of judicial review vested in the SC and HCs under Articles 184(3) and 199.

CJP says SC fully respects independence of high courts

The petitioner asked the apex court to declare that any attempt to establish a parallel or superior forum styled as a “Constitutional Court,” distinct from or in substitution of the SC or the HCs, would be repugnant to Articles 175 to 191 of the Constitution, and hence unconstitutional.

He further prayed to declare that any constitutional amendment which results in the subordination of the judiciary to the executive or legislature, or which undermines judicial review, is contrary to the supremacy of the Constitution and therefore void ab initio.

Ali argued that the proposed amendment, if passed, would effectively paralyze the judicial system and render the courts ineffective in constitutional matters.

Copyright Business Recorder, 2025