26th amendment brought in response to ‘letter’, says judge Mohsin Kayani – Pakistan

ISLAMABAD: The sen­ior puisne judge of the Islamabad High Court (IHC), Justice Moh­sin Akhtar Kayani, said on Tuesday that the government hurriedly brought the 26th Amendment in response to a “letter” and hoped that the case related to this constitutional change would be heard by a full court of the Supreme Court.

Though the judge did not specify the letter, he was apparently referring to the correspondence of six judges to the Supreme Judicial Council (SJC) that accused intelligence agencies of meddling in judicial affairs.

The Supreme Court’s Constitutional Bench took up challenges to the amendment on Monday. However, the petitioners demanded the hearing in a full court.

Speaking at a certificate distribution ceremony organised by the Islamabad High Court Bar Association (IHCBA), Justice Kayani emphasised the importance of judicial independence and the need to appoint judges from the Islamabad Bar.

IHC Justice Kayani hopes challenges to constitutional changes will be heard by full court

He also touched on significant issues, inclu­ding the 26th Amendment and the importance of a self-reliant judicial system.

The event was atten­ded by members of the Islamabad Bar Council, including Raja Aleem Abbasi and Adil Aziz Qazi, as well as Islam­abad High Court Bar Association (IHCBA) President Riasat Ali Azad and Secretary Shafqat Abbas Tarar.

Justice Kayani said that the 26th amendm­ent, enacted on the basis of a “letter”, had raised critical legal and constitutional questions. He emphasised that the matter would eventually be heard by a full court of the Supreme Court, giv­en its implications for the country’s governance and legal framework.

The judge underscored the need to prioritise the appointment of judges from Islamabad, advocating for an end to the practice of bringing in judges on deputation. “We will soon send back judges who came on deputation and appoint judges from Islamabad’s Bar,” he stated, emphasising the need to preserve the rights of local lawyers and maintain judicial integrity.

Justice Kayani highlighted the interconnected roles of the independent judiciary, bar and media in shaping Pakistan’s progress.

“The judiciary needs independent jud­ges who uphold the sanctity of the law, while the bar must remain a strong institution from which competent judges are selected,” he said. He also called for a robust media to ensure transparency and accountability.

Mr Abbasi of the Isla­m­abad Bar Council praised Justice Kayani’s approach and reiterated the bar’s demand for local representation in judicial appointments.

Mr Azad, the IHCBA president, lauded Jus­tice Kayani’s courage and dedication, describing him as a valuable asset to the country’s judiciary.

Justice Kayani concluded his address by stressing the importance of correct legal interpretations and maintaining public trust in the judiciary. “Pakistan’s path to progress lies in the rule of law, independent institutions and collective efforts of the judiciary, parliament and media,” he said.

Published in Dawn, January 29th, 2025