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Express Tribune
14-05-2025
- Politics
- Express Tribune
26th Amendment fails to quell doubts
A general view of the Supreme Court of Pakistan building at the evening hours, in Islamabad, Pakistan April 7, 2022. PHOTO: REUTERS Listen to article The constitution of benches in high-profile cases has remained a contentious issue in the Supreme Court since March 2009. The term "like-minded bench" continues to carry weight even after the 26th Constitutional Amendment, which mandated that the nomination of judges for constitutional benches be approved by the Judicial Commission of Pakistan (JCP). The executive retains considerable influence over the JCP's decision-making, both in the appointment of judges and in their selection for constitutional benches. A section of the legal fraternity believes that judicial independence has been compromised due to how the JCP functions. Some senior apex court judges have been accused of facilitating the executive in its sway over JCP decisions. It is a matter of record that the country's three major political parties — PTI, PML-N and PPP – have all been on the receiving end of judgments passed by so-called like-minded benches since 2009. Before the 26th Amendment was enacted, chief justices were often accused of forming like-minded benches to secure favourable outcomes. The term gained further currency during the tenure of former chief justice Mian Saqib Nisar, when judges perceived as hostile to the PML-N were consistently assigned to politically consequential cases – decisions that, in many ways, reshaped national politics. Similar concerns were raised during the tenures of former CJPs Gulzar Ahmed and Umar Ata Bandial, with PML-N and PPP frequently questioning the composition of benches in sensitive cases. To introduce transparency in bench formation, the Supreme Court (Practice and Procedure) Act 2023 was passed, establishing a three-member committee of senior judges, including the chief justice, to constitute benches. Later, to further consolidate control over judicial appointments, the 26th Amendment was passed, granting the JCP the authority to select judges for constitutional benches, where the executive reportedly maintains significant sway. Judges who are perceived as likely to pose tough questions have, in many cases, been sidelined from constitutional benches. Despite the amendment having been in effect for over six months, no clear criteria have yet been formulated for nominating judges to these benches. Currently, 15 judges from across the provinces have been nominated to constitutional benches. However, several senior judges, considered not to be in the "good books" of the executive, have been left out, despite being among the most respected and competent members of the bench. The current committee responsible for selecting judges for constitutional benches is led by Justice Aminuddin Khan and includes Justice Jamal Khan Mandokhail and Justice Muhammad Ali Mazhar. This committee's conduct has also come under scrutiny for allegedly continuing the trend of forming like-minded benches in high-profile cases. For instance, the committee did not nominate Justice Shahid Waheed to the bench hearing the military courts case. Similarly, judges with expertise in tax matters were not included on the bench adjudicating the super tax case. More recently, the committee has drawn criticism for excluding five judges from the bench hearing review petitions in the reserved seats case, which challenges the SC's July 12 decision. Faisal Siddiqi, counsel for the Sunni Ittehad Council (SIC), has formally challenged the composition of this bench. Even sitting judgesJustice Ayesha Malik and Justice Aqeel Ahmad Abbasihave raised serious concerns about the composition of the larger bench hearing the review petitions. During Tuesday's hearing, signs of a divided bench were visible. Justice Aminuddin Khan appeared reluctant to grant time to SIC's counsel to submit an application contesting the bench's composition. However, Justice Jamal Khan Mandokhail intervened, stressing that the counsel should be afforded a fair opportunity to raise objections. Following this intervention, the bench decided to adjourn proceedings until Monday. A growing perception has taken hold: while former CJPs were seen as forming like-minded benches, the current dynamic suggests that "government-aligned" benches are now being formed, with the tacit cooperation of certain judges. Unless transparency is brought to the process of constituting benches, the legitimacy of the judiciary may increasingly come under question.


Express Tribune
03-04-2025
- Entertainment
- Express Tribune
Revelers hit the beach, food streets
People enjoy swings at amusement parks and waves on Sea View Beach during the Eid holidays. Photos: Jalal Qureshi/express The city dwellers made the most of the Eid-ul-Fitr holidays, enjoying three days of celebrations and entertainment. Food streets and the beaches witnessed large crowds, while Eid fairs in the neighbourhoods of the old city area added to the festive spirit. Youngsters and children, in particular, reveled in the festivities, making the most of their Eid holidays. On the first day of Eid, after offering prayers, many citizens visited the graves of the dear departed ones then headed home for the traditional Eid breakfast. Many spent the day visiting relatives to exchange Eid greetings. However, youth headed straight to recreational spots from the very first day. Many others took the opportunity to rest and hibernated for the day. Besides family gatherings, thousands converged to city's hotspot the Seaview and Clifton beaches, while others headed to the few recreational parks left in the metropolis after the demolition of Aladin Park by the orders of Supreme Court bench headed by the then chief justice of Pakistan Justice Gulzar Ahmed. Karachi Zoo, Safari Park, and Hill Park saw an expotential rush of visitors throughout the Eid holidays. Young people could be seen playing music in their cars, dancing, and celebrating with enthusiasm. At the zoo, families and children enjoyed watching animals and took selfies with them. Meanwhile, at Seaview, children and youngsters delighted in camel and horse rides, while some ventured into the sea for a refreshing dip. A few adventurous youths even organised motorcycle races. Interestingly, women in Eid dresses were seen splashing their feet in the seawater along the Clifton Beach. Several areas, including Orangi Town, Liaquatabad, and Korangi, hosted Eid fairs with amusement rides, camels, and food stalls, drawing crowds of all ages. Children eagerly spent their Eidi on attractions, adding to the festive atmosphere. At an FC Area fair, Rida Khan remarked, "Ramazan was all about worship and kitchen duties for women. The first two days of Eid were for family, but today is for the children's enjoyment." Young Fatima Ahmed added, "Eid has been amazing! The fair made it even more special." With improved security, Karachiites celebrated Eid in peace and joy. Food Streets Bustle Throughout the three days of Eid, Karachi's famous food streets-including Burns Road, Boat Basin, Hussainabad, Super Highway, Kharadar, Nazimabad, and Liaquatabad Dak Khana-remained crowded, especially at night. The air was filled with the aroma of traditional dishes like biryani, pulao, and chicken or mutton karahi. However, barbecue items were the top choice, drawing the biggest crowds. Women particularly enjoyed grilled tikka, various types of kebabs, sajji, gola kebabs, and reshmi kebabs, while children favored broast and burgers. Many women shared that after spending Ramazan in worship and the kitchen, dining out on Eid was a must. "Eid wouldn't feel complete without an outing and a nice dinner," one visitor remarked. Children also expressed their excitement, saying, "After receiving Eidi and having fun, enjoying a great meal is what Eid is all about!" Meanwhile, some families chose to celebrate Eid at home, preparing special meals and enjoying the occasion in a more intimate setting.