Supreme Court Refuses to Entertain Petition Against 27th Constitutional Amendment
ISLAMABAD: Petitioner had submitted a petition to the Supreme Court registrar’s office against the 27th Constitutional Amendment which was refused and not taken up for consideration.
The registrar’s office stipulates that this kind of petition may be made before the Federal Constitutional Court.Details of the Petition Filed by Justice (Retd) Shabar Raza RizviThe 27th Amendment was challenged by former judge Shabar Raza Rizvi. The petition argued that the Constitution of Pakistan was drafted by a constituent assembly and the 1973 Constitution had provided for Supreme Court as the Highest Court and the present assembly was just a legislative body and not a constituent assembly.
The petitioners said that the salient features and basic structure of the Constitution could not be changed, no individual could be granted lifetime immunity in an Islamic state and independence of the judiciary was inextricably linked to transparent judges’ appointments. It felt that the 27th Amendment was an assault on the Constitution.
The plea sought for the Supreme Court to strike down the 27th Constitutional Amendment and the lifetime immunity under Article 248. Remarkably, the Supreme Court has so far rejected another case challenging the 27th Amendment.