SCNS Act 2024, Anti-Terrorism Act 1997: SHCBA moves high court against amendments

KARACHI: The Sindh High Court Bar Association (SHCBA) has filed two constitutional petitions before the Sindh High Court challenging recent amendments to the Sindh Control of Narcotic Substances Act 2024, and the Anti-Terrorism Act 1997, pleading that the changes undermine judicial independence and violate the Constitution.

Constitutional Petitions No D-3602 and D-3603 of 2026 have been filed by SHCBAK President Muhammad Haseeb Jamali and others against amendments that alter the process for appointing judges to special courts established under the two laws.

The bar association contends that the amendments allow the provincial executive to assume a role in the nomination of candidates for judicial appointments, a function it says falls exclusively within the constitutional authority of the High Court under Article 203 of the Constitution.

“The executive has attempted to encroach upon the constitutional domain of the judiciary by diminishing the High Court’s role from meaningful consultation to mere concurrence,” the SHCBAK statement said.

The SHCBAK maintained that the amendments amount to an infringement of the doctrine of separation of powers and pose a threat to the independence of the subordinate judiciary.

The association further argued that the changes violate Article 175(3), read together with the Preamble and Article 2-A of the Constitution, which guarantee the independence of the judiciary from executive influence.

It warned that if the amendments remain in force, appointments to Anti-Terrorism Courts (ATCs) and Control of Narcotic Substances (CNS) Courts could become vulnerable to political influence, potentially compromising public confidence in the administration of justice.

The bar association said the measures could create a situation where judges, prosecutors, investigators and complainants are all perceived as representatives of the state, undermining the long-established principle that justice must not only be done but must be seen to be done.

Reaffirming its commitment to judicial independence, the SHCBAK said an autonomous judiciary was essential to ensuring fair adjudication, protecting litigants’ rights and enabling lawyers to perform their professional duties without fear or favour. The petitions have been fixed for hearing before the Sindh High Court on June 24, 2026, at 12:00 pm.

Copyright Business Recorder, 2026