A group of former judges and senior lawyers has written to Chief Justice of Pakistan Yahya Afridi, urging him to call a full court meeting to discuss the proposed 27th Constitutional Amendment and give an “appropriate response” to the federal government.
Penned by Faisal Siddiqui and co-signed by former Supreme Court judge Justice Mushir Alam (retd.) and ex Sindh High Court Justice Nadeem Akhtar (retd.), among others, the letter states it was written amidst the “greatest threat” to the apex court since its establishment in 1956. “… the proposed Constitution (Twenty-Seventh Amendment) Act, 2025, is the biggest and the most radical restructuring of the Federal Appellate Court structure since the enactment of the Government of India Act, 1935,” it claims.
The letter maintains that no civilian or military government in Pakistan’s history has tried, much less succeeded, in relegating the Supreme Court as a subordinate court. The proposed amendment envisions the creation of a Federal Constitutional Court, whose rulings would be binding on the Supreme Court—though the apex court’s rulings would not be binding on it.
The signatories have urged the CJP to call a full court meeting immediately to discuss the proposed amendment and formulate a collective response to the federal government in the form of inputs and suggestions. They maintain that the Supreme Court “has every right and power to give its input” regarding any constitutional change that affects its structure and authority.
Noting the amendment is likely to be passed by Nov. 11, the letter stresses on the need to expedite a full court meeting.
“In the end, it is painful for us to say this that if you decline our above request for an immediate full court meeting, on the pretext of neutrality or noninterference with legislation (which we consider to be reasons without any substance), then we would at least expect you to accept and admit in a written response to us that you are now reconciled to be the last Chief Justice of Pakistan and now reconciled to accept the demise of the Supreme Court of Pakistan as the highest court in Pakistan,” it states.
“At least by this admission by you, we would no longer have any kind of expectation from your Lordship to be a defender of the Supreme Court of Pakistan.”