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Ex-Judges, Lawyers Urge CJP to Convene Full Court over 27th Amendment Concerns
Top jurists and ex-judges urge Chief Justice Yahya Afridi to summon a full court meeting over the 27th Constitutional Amendment, warning it could “dismantle” the Supreme Court’s authority.
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by Muhammad Hashir
2025-11-10
Ex-Judges, Lawyers Urge CJP to Convene Full Court over 27th Amendment Concerns

As the federal government pushes toward the passage of the 27th Constitutional Amendment, several former judges and senior lawyers have written to Chief Justice of Pakistan (CJP) Yahya Afridi, urging him to convene a full court meeting to deliberate on what they described as the “greatest threat to the Supreme Court since its establishment in 1956.”

The request, contained in a letter dated November 9 and signed by senior lawyer Faisal Siddiqi, was endorsed by former Supreme Court judge Mushir Alam, former Sindh High Court judge Nadeem Akhtar, and nine other leading legal figures. The signatories include former attorneys general Muneer A. Malik and Anwar Mansoor Khan, as well as former Supreme Court Bar Association presidents Ali Ahmad Kurd, Abid Shahid Zuberi, Muhammad Akram Sheikh, and Kanrani B. Amanullah.

The letter, a copy of which was obtained by Dawn, describes the proposed Constitution (Twenty-Seventh Amendment) Act, 2025 as “the biggest and most radical restructuring of the Federal Appellate Court structure since the Government of India Act, 1935.”

It warns that no previous civilian or military government had ever attempted to “relegate the Supreme Court of Pakistan as a subordinate court” or “permanently denude it of its constitutional jurisdiction” to the extent proposed by the current amendment.

The signatories called on CJP Yahya Afridi to exercise his authority and convene a full court meeting to provide institutional feedback to the federal government, noting that the amendment is expected to be passed imminently.

“If your Lordship declines on the pretext of neutrality or noninterference with legislation,” the letter cautioned, “then we would at least expect you to admit that you are reconciled to be the last Chief Justice of Pakistan and to the demise of the Supreme Court as the highest court in the land.”

They further requested that the letter be made public, citing its “utmost public importance.”

Proposed Judicial Restructuring Under the 27th Amendment

The 27th Amendment, recently approved by the federal cabinet and tabled in the Senate, proposes sweeping reforms to Pakistan’s judicial system. The most consequential of these is the creation of a Federal Constitutional Court (FCC) — a new apex body whose decisions would be binding on all courts, including the Supreme Court itself.

According to the draft, the FCC would handle all constitutional matters, disputes between the federation and provinces, and issues involving the interpretation of the Constitution. It would also assume jurisdiction over cases involving fundamental rights, effectively transferring these powers away from the Supreme Court.

Under the new framework, the Supreme Court would be restricted mainly to civil and criminal appellate cases, marking a historic reduction in its powers and standing.

The FCC’s composition will reportedly include Justice Aminuddin Khan (expected to serve as Chief Justice), along with Justices Syed Hasan Azhar Rizvi, Musarrat Hilali, Aamer Farooq, Ali Baqar Najafi, K.K. Agha, and Rozi Khan Barrech. Its judges will retire at 68 years, three years higher than the current retirement age for Supreme Court judges.

Legal observers have expressed concern that the creation of the FCC represents an institutional “downgrading” of the Supreme Court’s role and independence.

The 27th Amendment follows the controversial 26th Amendment, which also faced strong opposition from the legal community. Multiple petitions challenging it remain pending before the Supreme Court.

As the Senate continues deliberations on the proposed amendment, legal experts and judicial figures warn that the upcoming days may prove decisive for the future of Pakistan’s highest judicial institution.
Tagged:

PakistanJudiciary

SupremeCourt

27thAmendment

CJPYahyaAfridi
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