26th amendment brought in response to `letter`, says judge
By Malik Asad
2025-01-29
ISLAMABAD: The senior puisne judge of the Islamabad High Court (IHC), Justice Mohsin Akhtar Kayani, said on Tuesday that the government hurriedly brought the 26th amendment in response to a `letter` and hoped that the case related to this constitutional change would be heard by a full court of the Supreme Court.
Though the judge did not specify the letter, he was apparently referring to the correspondence of six judges to the Supreme Judicial Council (SJC) that accused intelligence agencies of meddling in judicial affairs.
The Supreme Court`s Constitutional Bench took up challenges to the amendment on Monday. However, the petitioners demanded the hearing in a full court.
Speaking at a certificate distri-bution ceremony organised by the Islamabad High Court Bar Association (IHCBA), Justice Kayani emphasised the importance of judicial independence and the need to appoint judges from the Islamabad Bar.
He also touched on significant issues, including the 26th amendment and the importance of selfreliant judicial system.
The event was attended by members of the Islamabad Bar Council, including Raja Aleem Abbasi and Adil Aziz Q azi, as well as Islamabad High Court Bar Association (IHCBA) President Riasat Ali Azad and Secretary Shafgat Abbas Tarar.
Justice Kayani said that the 26th amendment, enacted on the basis of a `letter`, had raised critical legal and constitutional questions. He emphasised that the matter would eventually be heard by a full court of the Supreme Court, given its implications for the country`s governance and legal framework.
The judge underscored the need to prioritise the appointment of judges from Islamabad, advocating for an end to the practice of bringing in judges on deputation. `We will soon send back judges who came on deputation and appoint judges fromIslamabad`s Bar,` he stated, emphasising the need to preserve the rights of local lawyers and maintain judicial integrity.
Justice Kayani highlighted the interconnected roles of the independent judiciary, bar and media in shaping Pakistan`s progress. `The judiciary needs independent judges who uphold the sanctity of the law, while the bar must remain a strong institution from which competent judges are selected,` he said. He also called for a robust media to ensure transparency and accountability.
Mr Abbasi of the Islamabad Bar Council praised Justice Kayani`s approach and reiterated the bar`s demand for local representation in judicial appointments.
Mr Azad, the IHCBA president, lauded Justice Kayani`s courage and dedication, describing him as a valuable asset to the country`s judiciary.
Justice Kayani concluded his address by stressing the importance of correct legalinterpretations and maintaining public trust in the judiciary. `Pakistan`s path to progress liesin the rule of law, independent institutions and collective efforts of the judiciary, parliament and media,` he said.