The vice president of Tehreek-I-Tahaffuz Ayeen-i-Pakistan (TTAP), Mustafa Nawaz Khokhar, presented on Thursday an appeal against the decision of the registrar of the Supreme Court (SC) to return his request in search of a complete judicial hearing of challenges against the 26th Constitutional amendment.
The amendment 26, approved on October 21, 2024, eliminated the SUO MUU SC powers and empower a special parliamentary committee to nominate the next president of the Supreme Court of Pakistan (CJP) from among the three most senior SC judges instead of the most senior.
Currently, the SC is seized with multiple requests that urge the constitution of a complete court to listen to the matter instead of the Constitutional Bank (CB) formed under the 26th amendment. The CB is ready to resume procedures in the original appeals on October 7 (Tuesday).
“I have presented an appeal against the registrar’s decision to return my request, looking for justice once again. My request argues that the majority decision of the Practice and Procedure Committee remains valid in the law and cases related to 26 should only be heard by a complete court,” Khokhar said in X.
The appeal, presented through the lawyer Shahid Jamil Khan, asked the SC to set aside the decision of September 19 and “registers and entertains said request in accordance with the law.”
The statement was filed by virtue of rule 3 of the rules of the Supreme Court and the Office of the Registry of the Apex Court was appointed as defendant.
The appeal argued that the registrar had no “jurisdiction to determine the maintenance capacity or entertainment of a petition under article 184 (3), since such questions can only be decided by this honorable court in the exercise of its judicial authority.”
He argued that even if a petition seemed not maintainable under the Constitution, the law or the rules of SC, “the issue must be presented before the Court for the award in the judicial side.”
“The registrar, which acts on the administrative side, cannot assume or exercise judicial powers, nor can it refuse to receive or register a petition or appeal for the reason of not maintaining perceived,” said the former senator.
The CJP Yahya Afridi had ignored a decision made in October 2024 by a committee to present challenges to the 26th amendment before the full court, according to the minutes of the exchange of communication between CJP and two senior SC judges.
The Committee, which met on October 31, 2024 by virtue of the Practice and Procedure Law (PPA) 2023, was convened by Puisne’s senior judge, Syed Mansoor Ali Shah, and Judge Munib Akhtar. In response, the CJP Aphridi, who presides over the committee, said he did not consider appropriate to request a complete judicial hearing.
In separated minutes of May 20, 2025, Judge Shah emphasized the need for a significant consultation, which declared that it was the central purpose of the PPA. Judge Shah said that delegating powers to the SC registrar was not covered by law.
Since October 2024, multiple requests have been presented to the SC by challenging the amendment, arguing that “annuls, repeals, alters and destroys the basic characteristics of the Constitution” and “viola” the fundamental rights.
A CB of eight members, headed by Judge Aminuddin Khan, will resume when listening to a set of requests against the 26th amendment on Tuesday.
The bank also includes judges Jamal Khan Commandkhail, Muhammad Ali Mazhar, Ayesha A. Malik, Syed Hasan Azhar Rizvi, Musarrat Hilali, Naeem Akhtar Afghan and Shahid Bassan.
