Writ seeks HC order declaring July Charter illegal, contradictory to Constitution

A writ petition has been filed with the High Court seeking an order declaring that the July National Charter is illegal and contradictory to the Constitution.

The public interest petition, which also sought a stay on its implementation, was filed by Supreme Court lawyer Yunus Ali Akand today (18 February).

According to the petition, the 15th Amendment to the Constitution (2011) has already been declared ultra vires, and therefore, the caretaker government system is considered to be in force.

In that context, the petition argues that the referendum held under the July National Charter-2025 by the interim administration lacked a constitutional basis and should be declared unlawful.

The petition contends that there is no constitutional provision for conducting such a referendum in the manner proposed, alleging violations of Articles 65 and 123(3) and (4) of the Constitution, as well as Article 11 of the Representation of the People Order, 1972.

It further argues that Article 31 guarantees that no action can be taken except in accordance with law, and therefore, the July Charter and related measures should be declared beyond legal authority.

The petitioner maintains that the process undermined democratic principles by bypassing elected representatives and that there is no provision in the Constitution or the Representation of the People Order, 1972, for such an interim arrangement to introduce constitutional changes.

The writ also challenges the legality of the referendum ballot published on 12 January 2025, alleging that it was issued without lawful authority.

The petition named the cabinet secretary, the law secretary, the National Consensus Commission, the chief election commissioner, and other concerned authorities as respondents.

Yunus Ali said the matter may be heard next week by a High Court bench led by Justice Razik-Al-Jalil.