A practicing group of advocates of the Supreme Court of Pakistan, including several senior members of the legal fraternity, have issued an open letter to Mian Muhammad Rauf Atta, President of the Supreme Court Bar Association of Pakistan (SCBAP). The letter expresses profound disappointment with recent press releases dated 26th and 28th December 2024 issued by the SCBAP leadership, which the signatories believe undermine judicial independence and fail to represent the collective voice of the Bar.
The advocates voiced strong opposition to the 26th Constitutional Amendment, arguing that it disrupts the delicate balance of power between the executive, legislature, and judiciary. They described the amendment as an affront to the independence of the judiciary and a move that grants undue influence to the executive in judicial matters, rendering the judiciary’s independence an illusory concept. The letter further criticized the amendment for allowing the executive to dominate the Judicial Commission of Pakistan, effectively granting it the power to select judicial benches and undermining the impartiality of the judiciary.
The signatories emphasized the critical importance of forming a Full Court, comprising all judges of the Supreme Court, to hear and decide the challenges against the 26th Amendment. They argued that this case has profound implications for Pakistan’s constitutional framework and affects every citizen. As such, it demands a hearing by the Full Court to ensure the legitimacy and credibility of the judicial process.
The letter also expressed disappointment with the SCBAP President’s recent press releases, which the advocates believe fail to uphold the association’s responsibility to defend judicial independence and represent the interests of its members. They called on the SCBAP leadership to stand firmly against executive dominance over the judiciary and support their demand for a Full Court hearing.
The open letter was endorsed by 53 advocates, including prominent figures such as Muneer A. Malik, Hamid Khan, Ali Ahmad Kurd, Abid Zuberi, Amanullah B. Kangrani, and Salman Mansoor, among others. These endorsements reflect the broad support within the legal fraternity for safeguarding judicial independence and ensuring a fair resolution of the challenges against the 26th Amendment.
