SC registrar returns Mustafa Nawaz Khokhar’s petition on 26th Amendment case with objections

The Supreme Court Registrar’s Office has raised objections to a constitutional petition filed by Mustafa Nawaz Khokhar regarding the formation of a full court to hear challenges to the 26th Constitutional Amendment, reported 24NewsHD TV channel Monday.

The petition, filed under Article 184(3) of the Constitution, sought implementation of the decision of a committee constituted under Section 2 of the Supreme Court (Practice and Procedure) Act 2023, which directed that all pending petitions on the 26th Amendment be fixed before the full court.

In its response, the Registrar’s Office returned the petition along with its paper books, declaring it non-maintainable. The objections stated that the petition failed to specify what questions of public importance were involved with reference to the enforcement of fundamental rights guaranteed under the Constitution, which is necessary to directly invoke the Supreme Court’s jurisdiction under Article 184(3).

The objections further noted that the petitioner was attempting to use the extraordinary jurisdiction of the Supreme Court for the redress of an individual grievance, which is not permissible under established judgments, including the 1998 ruling in Zulfiqar Mehdi vs. PIA. The Registrar’s Office held that the ingredients required to invoke Article 184(3) had not been satisfied.

Additionally, it was observed that the notice issued to the respondents was not properly drawn, as it did not clarify the purpose for which the petition was being filed. The office also objected that multiple prayers had been combined in a single petition, rendering it multifarious.