Ex-CJP Jawwad S. Khawaja Challenges 27th Constitutional Amendment in SC

ISLAMABAD: Former Chief Justice of Pakistan (CJP) Jawwad S. Khawaja on Tuesday filed a constitutional petition in the Supreme Court against the federal government, challenging the proposed 27th Constitutional Amendment under Article 184(3) of the Constitution.

In his petition, the former top judge argued that the Supreme Court’s constitutional jurisdiction cannot be transferred to any other court or forum, and any amendment attempting to curtail or limit the apex court’s powers is unconstitutional.

Jawwad S. Khawaja requested the Supreme Court to strike down the amendment and to suspend its implementation until a final verdict is reached.

The move comes a day after the Senate passed the 27th Constitutional Amendment Bill amid opposition protests and walkouts. The bill, already approved by the National Assembly, introduces major reforms in judicial and military command structures, including the creation of a Federal Constitutional Court (FCC) that would assume some powers currently held by the Supreme Court.

Legal fraternity voices alarm

On Monday, a group of retired judges and senior lawyers wrote to Chief Justice Yahya Afridi, expressing grave concern over the proposed amendment, which they described as the “greatest threat to the Supreme Court since its inception in 1956.”

The letter, drafted by Advocate Faisal Siddiqui and signed by former Supreme Court judge Justice (retd) Mushir Alam, ex-Sindh High Court judge Justice (retd) Nadeem Akhtar, and several senior lawyers including Muneer A. Malik, Anwar Mansoor Khan, Akram Sheikh, Ali Ahmad Kurd, Abid S. Zuberi, Salahuddin Ahmed, and Shabnam Nawaz Awan, urged the chief justice to convene a full court meeting to deliberate on the issue.

The signatories warned that the amendment represented “the most radical restructuring of Pakistan’s appellate judicial system since the Government of India Act, 1935.”

They contended that no past civilian or military government had ever attempted to downgrade the Supreme Court’s authority or relegate it to a subordinate position, calling the proposed changes an “unprecedented encroachment” on judicial independence.

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Concerns over new judicial structure

The proposed Federal Constitutional Court would have equal provincial representation and a three-year term for its chief justice, with some constitutional powers shifted from the Supreme Court to the new body.

The legal community maintains that such restructuring undermines the principle of judicial hierarchy and could weaken the independence of the judiciary.

The letter concluded by urging the Supreme Court to assert its right to provide input on constitutional amendments that directly affect its composition, jurisdiction, or authority.