Mohsin Akhtar Kayani Sparks Debate on 26th Amendment

A constitutional bench of the Supreme Court has issued notices to the federation and others after hearing preliminary objections to petitions challenging the 26th constitutional amendment, which revised Article 191A and changed the composition of the Judicial Commission of Pakistan (JCP). This development comes as Justice Mohsin Akhtar Kayani, a senior puisne judge at the Islamabad High Court, emphasizes the importance of law's correct interpretation and implementation in driving Pakistan's progress.

The petitions, lodged by PTI, PPP, and Awami National Party, claim that the amendment circumvents the will of the people as the Parliament passed it without a proper election. They argue that under the previous amendment laws, the JCP was headed by the CJP, but the new amendment allowed only a partially elected body to head it. Justice Kayani expressed hope that the Supreme Court will soon hear the full bench and resolve the issue for the sake of the country and its people.

Justice Kayani also addressed issues such as human rights, attack on personal freedoms, and missing persons, urging the legal community to take steps to address these problems. He called for the federal government and law ministry to take a more active role in constructing the Islamabad bar building. The judge hinted at a letter he and other judges had submitted to the Supreme Judicial Council (SJC) in March 2023, expressing concerns about attempts to pressure judges and their families through abduction, torture, and surveillance.

The judge announced that petitions against the 26th constitutional amendment will be heard in the full court, stating, "This issue will be resolved for the survival of the people of Pakistan and the system." He also stressed the need for an independent judiciary and media, highlighting the importance of an independent judiciary in maintaining the sanctity of the institution. Justice Kayani concluded by emphasizing the importance of unity and dialogue among legal professionals, citing the need to reduce resentments through camaraderie and social interactions.

As the country navigates these challenging times, the legal community and citizens alike await the Supreme Court's decision on the 26th constitutional amendment, hoping that it will bring clarity and stability to the judicial system. With Justice Mohsin Akhtar Kayani's emphasis on the importance of law's correct interpretation and implementation, Pakistan looks towards a future where the rule of law prevails, and the rights of its citizens are protected.