Pakistan defers tabling constitutional amendment package as legal fraternity vows to challenge proposals

Pakistan Defense Minister Khawaja Asif addresses on the floor of the National Assembly of Pakistan in Islamabad on May 3, 2023. (@NAofPakistan/X/File)
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Updated 16 September 2024
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Pakistan defers tabling constitutional amendment package as legal fraternity vows to challenge proposals

  • Government was expected to table on Monday constitutional amendments on superior judges’ tenure, process of chief justice’s appointment
  • Prominent jurists describe the amendments as a ‘frontal assault’ on the judicial system that would abolish the trichotomy of power in country

ISLAMABAD: The Pakistani government on Monday postponed the tabling in parliament of a history-making “constitutional amendment package” on judicial reforms as several members of the legal fraternity rejected the proposals and challenged them in the Supreme Court of Pakistan.

The government was expected to table the amendments in the National Assembly and Senate on Monday after it did not do so a day earlier. According to Law Minister Azam Nazir Tarar, the package includes 52 amendments to the constitution, mostly involving minor wording changes.

The proposed amendments are expected to establish a federal constitutional court, raise the retirement age of superior judges by three years, and modify the process for the appointment of chief justice of the Supreme Court of Pakistan.

The matter has raised widespread concerns among opposition parties and independent experts who say the moves are aimed at increasing the government’s power in making key judicial appointments and dealing with the defection of lawmakers during house votes.

The government was initially expected to table the amendments on Sunday, but Defense Minister Khawaja Asif, a senior member of the ruling Pakistan Muslim League-Nawaz (PML-N) party, later said they could not secure the required 224 votes, two-thirds majority, needed to pass the amendments.

“We want and desire complete consensus within the House, so this process will continue, and when all parties agree on this document, this draft will be presented in the House,” Asif said, while speaking in the National Assembly on Monday afternoon.

“We believe that no one will oppose the proposals as we are determined to shape the constitution in line with the agreement in the Charter of Democracy.”

The Charter of Democracy (CoD) was signed between the PML-N and the Pakistan Peoples Party (PPP), two major political parties in Pakistan, on May 14, 2006 in London. The document outlined steps to end the military rule established after the 1999 coup d’état led by late General Pervez Musharraf and to restore democracy in Pakistan.

Asif said the amendments aimed to address “constitutional imbalances” and public representatives would have the right to undo any “intrusions” into parliamentary powers and the constitution.

“A draft has been prepared to address constitutional imbalances, especially those related to parliament, and it is a draft to improve the 19th amendment [on procedure for judicial appointments], and the constitution allows us to do so,” the defense minister said, adding there was no political motivation behind it.

The Pakistan Tehreek-e-Insaf (PTI) opposition party of jailed former premier Imran Khan has criticized the moves and believes that the amendments are meant to grant an extension to incumbent Supreme Court Chief Justice Qazi Faez Isa, who is widely believed to be aligned with the ruling coalition led by PM Shehbaz Sharif and in opposition to its chief rival, the PTI. PTI founder Khan has threatened nationwide protests against the reforms.

Speaking in the National Assembly, a former speaker and Khan aide, Asad Qaiser, strongly condemned the government’s moves and described them as a “mockery” of parliament.

“If you want to bring amendments, definitely bring them but after a proper debate and discussion on it,” he said, adding the government tried to pass amendments in the “dark of the night” and without even briefing its own members on them.

“We will oppose this type of pressure and oppression in the parliament, in the courts, on the road and everywhere.”

Law Minister Tarar said the draft of amendments had not yet been presented before the cabinet, as required under the constitution, and asked opposition parties to come up with positive recommendations, instead of undue criticism.

“A special parliamentary committee has been made, which included members of all political parties, so all are invited to bring suggestions in this regard to the committee,” he said.




Pakistan's Azam Nazeer Tarar (left) is addressing a session of National Assembly in Islamabad, Pakistan on September 16, 2024. (@NAofPakistan/X)

‘SUBSERVIENT' JUDICIARY

Prominent lawyers, including Abid Zuberi, Shafqat Mehmood Chauhan, Shahab Sarki, Ishtiaq Ahmed Khan and Munir Kakar, filed a petition in the Supreme Court on Monday, challenging the proposed amendments to the constitution.

“Through the instant petition the petitioners seek to challenge the vires of the proposed constitutional package,” they stated in the petition. “The proposed bill puts forth proposed amendments to the constitution that would transfer the vested powers of the Supreme Court of Pakistan and the high courts of Pakistan as granted by the constitution to the executive and entirely annihilate the principles of independence of judiciary and suppression of power.”

Munir A Malik, a senior lawyer, said the proposed amendments would abolish the trichotomy of power — executive, legislature and judiciary — under the constitution.

“We will have a judiciary subservient to the executive and this is a frontal assault on the judicial system and the independence of the judiciary,” he told Arab News. “I think every lawyer who believes in the rule of law will stand up against any such step which undermines the independence of judiciary.”

Shaiq Usmani, former chief justice of the Sindh High Court, agreed that there had been a need for a constitutional court, but the proposed amendments were “most ill-timed.

“There is certainly a need for a constitutional court, yes, in a sense because the politicians here are constantly at war with each other and they always run to the Supreme Court to get their disputes resolved. As a result of that, the courts then have to give up commercial and other disputes of ordinary people, while they decide political cases,” he said.

“But this timing was wrong. At this time, when there is complete polarization in the political field, Pakistan is facing tremendous economic problems and so many other issues, so, this was certainly not the time for this sort of a thing. It was most ill-timed and fortunately, because of the fact that they [government] have not been able to get the required majority, it hasn’t been pushed through.”

Sabahat Rizvi, secretary of the Lahore High Court Bar Association, said the government “planned to disturb the unity of the judges” through this constitutional amendment package.

“They want to bring people of their choice, but we have already caused a lot of damage to our country and people through such constitutional amendments,” she told Arab News.

Rizvi said lawyers must unite against any such “attempt to undermine the independence of the judiciary,” irrespective of their political affiliations.

“Although lawyers have been divided due to their political affiliations, I would say that on this issue of national importance, they all should unite and come forward,” she said, promising to support any protest movement for this cause.

Arab News tried reaching the government’s spokesperson on legal affairs, Aqeel Malik, for a comment on the developments, but he did not answer the calls and messages.

AMENDMENTS

The coalition government is proposing that the retirement age of Supreme Court and high court judges be increased by three years from the existing 65 and 62 years, respectively. The current chief justice retires on Oct. 25.

The government is also mulling revising the seniority principle in the appointment of the top judge, the coalition government’s spokesperson on legal affairs Aqeel Malik told media last week. At present, according to Article 175A of the Constitution, the senior most judge of the Supreme Court is appointed as the chief justice on the basis of the principle of seniority, but there are widespread reports that the constitutional amendment envisions a five-member panel comprising top court judges as responsible for appointing the chief justice.

The reform package also includes a proposal to allow the transfers of judges from one high court to another and changes to Article 63-A of the Constitution, which relates to the disqualification of legislators who cross party lines in voting for a constitutional amendment.

The amendments have been proposed after a string of Supreme Court judgments that have ostensibly challenged Sharif’s coalition government, mostly notably a July 12 verdict by a 13-member bench of the Supreme Court that declared the PTI eligible for reserved parliamentary seats.

The verdict dealt a major blow to Sharif’s weak ruling coalition, which may lose its two-thirds majority in Pakistan’s parliament if the verdict is implemented. Sharif’s PML-N party has filed a review petition in the Supreme Court against the verdict.


Government to deploy army in Islamabad from Saturday to ensure security of SCO Summit

Updated 04 October 2024
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Government to deploy army in Islamabad from Saturday to ensure security of SCO Summit

  • The Shanghai Cooperation Organization Summit is scheduled to be held on October 15 and 16
  • The decision comes at a time when Islamabad and nearby areas have witnessed political protests

ISLAMABAD: The government has decided to deploy the army in the federal capital starting tomorrow, Saturday, to ensure the city’s safety ahead of the Shanghai Cooperation Organization (SCO) Summit on October 15 and 16, with foreign dignitaries arriving from various countries, as per an official notification released on Friday.

The is an important Eurasian political, economic and security alliance founded in 2001 by China, Russia and several Central Asian nations. Over the years, it expanded to include countries like India and Pakistan, making it a significant regional bloc.

Pakistan is hosting the SCO Council of Heads of Government summit in Islamabad under its rotating chairmanship of the organization, with the participants expected to discuss issues related to trade, economic cooperation, security, and regional stability.

Among other international leaders, Pakistan also extended invitation to Indian Prime Minister Narendra Modi, though the delegation from New Delhi will be spearheaded by External Affairs Minister Subrahmanyam Jaishankar.

“Pursuant to the request made by the Office of the Chief Commissioner, ICT [Islamabad Capital Territory] ... the Federal Government, in exercise of the powers conferred under Article 245 of Constitution, 1973, and under Sections 4 & 5 of Anti-Terrorism Act, 1997, is pleased to authorize deployment of requisite strength of Pakistan Army in aid of civil power from 5th to 17th October, 2024, in ICT, for maintaining law and order situation with respect to 23rd meeting of SCO Council of Heads of Government and visits of VVIP delegation for the said meeting,” the interior ministry announced in an order.

The decision comes at a time when Islamabad and the nearby city of Rawalpindi have witnessed protests by various political actors in recent months.

The police also attempted to prevent a protest by former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) party near the parliament building on Friday, blocking highways and suspending cellphone services in the capital.

The government maintained it was not the time for protests, as state guests were visiting Islamabad, making it crucial to ensure their safety.

The interior ministry also said in its order that the exact area of deployment, along with the number of additional troops if required, would be worked out by the capital territory administration in consultation with relevant stakeholders.


Pakistan government to host all-parties conference on Palestine on October 7

Updated 04 October 2024
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Pakistan government to host all-parties conference on Palestine on October 7

  • The conference will mark one year since Israel began its military campaign in Gaza, killing over 40,000 people
  • The event comes at a time when the conflict in Gaza has spread to Lebanon and threatens to engulf the region

ISLAMABAD: Prime Minister Shehbaz Sharif’s administration on Friday decided to hold an all-parties conference on Palestine on October 7, marking one year since the beginning of Israel’s ongoing war in the Gaza Strip, with a key coalition member welcoming the decision.

Pakistan has condemned the conflict in Gaza on various international forums, highlighting the toll of over 40,000 Palestinian lives, mostly women and children, while calling for an immediate ceasefire and accountability for Israel’s “war crimes.”

Pakistan, which does not recognize Israel, has long supported the Palestinian cause, dating back to its own independence in 1947.

All-parties conferences in Pakistan have been convened in the past to address critical issues that require the country’s political leaders to rise above their differences and show national solidarity.

“I welcome the Government’s decision for the President and Prime Minister to host an all parties conference on Palestine on 7th October,” Bilawal Bhutto-Zardari, whose Pakistan Peoples Party’s support proved vital for Sharif while forming the government, said in a social media post.

“One year since occupation forces began their ruthless massacre in Gaza the war theater has expanded to include Lebanon and threatens to engulf the entire region,” he added. “The whole country must speak with one voice against the imperialists Zionist agenda.”

According to local media reports, the decision was taken after Bhutto-Zardari met with the prime minister along with the chief of the Jamaat-e-Islami party, Hafiz Naeem-ur-Rehman, to discuss the situation in Palestine.

Rehman recently led anti-government protests after the presentation of the last budget in which the Sharif administration imposed additional taxes.

“Oct. 7 will be observed as the Palestine Solidarity Day as it is on this day last year that Israel began the latest wave of atrocities against the people of Palestine,” reported Dunya TV.


‘History has been made’: Sirbaz Khan becomes first Pakistani to summit world’s 14 tallest peaks

Updated 04 October 2024
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‘History has been made’: Sirbaz Khan becomes first Pakistani to summit world’s 14 tallest peaks

  • The Pakistani climber has summitted 11 of the 14 highest mountains without using supplemental oxygen
  • His fellow climbers praise him for his skill and say his name is etched in history and will inspire everyone

KHAPLU, Gilgit-Baltistan: Renowned Pakistani climber Sirbaz Khan made history on Friday by becoming the first Pakistani to summit all 14 of the world’s highest peaks, with his successful ascent of Shishapangma, standing at 8,027 meters, as confirmed by Pakistan’s Alpine Club and Imagine Nepal.

The 14 peaks, often referred to as the “eight-thousanders,” are over 8,000 meters high and are considered the ultimate test in high-altitude mountaineering. Khan, who was born and raised in Hunza, embarked on this journey in 2017 with the ascent of Nanga Parbat, one of the deadliest mountains in the world.

Over the years, he has climbed formidable peaks, including K2, Everest and Annapurna, solidifying his reputation as one of the world’s elite mountaineers. He also completed 11 of these summits without supplemental oxygen, demonstrating his remarkable endurance and skill.

“Sirbaz Khan has become the first Pakistani mountaineer to conquer all 14 of the world’s peaks above 8,000 meters, in an incredible display of courage and determination,” Karrar Haidri, the general secretary for the Alpine Club of Pakistan, told Arab News in a text message. “This extraordinary accomplishment demonstrates his unwavering passion and dedication to the sport of mountaineering.”

Haidri said Khan had faced the most extreme conditions during his mountaineering career.

“Faced with freezing temperatures, treacherous avalanches, oxygen-depleted altitudes, and the constant threat of crevasses, he has repeatedly demonstrated his resilience and strength,” he added. “His success not only represents personal triumph but also serves as an inspiration to mountaineers worldwide.”

Khan’s achievement was also acknowledged by Imagine Nepal, the tour company that organized the expedition, in a social media post.

“In an extraordinary achievement, 11 climbers from Imagine Nepal reached the true summit of Mt. Shishapangma (8,027m) at 4:06 p.m. CST [Central Standard Time] on 04 October 2024,” it wrote on Facebook.

“Mr. Sirbaz Khan has earned his place in history by summiting all 14 of the highest peaks, making him the first Pakistani climber to achieve this feat,” the company added.

Speaking to Arab News, Shahbaz Khan, the Pakistani climber’s brother, said the whole family was celebrating the moment.

“We are gathered to attend the marriage ceremony of our cousin,” he said. “All of our relatives are here and celebrating Sirbaz’s achievement.”

He said everyone was praying for his safe descent from the treacherous mountain, adding the next step would be to warmly receive him upon his arrival in Pakistan.

Khan also started receiving congratulations from fellow climbers soon after the news of his success began to spread.

“I salute your monumental achievement,” Shehroz Kashif, a young climber who has already conquered 13 of the world’s tallest peaks, said in a Facebook post. “Becoming the first Pakistani to summit all 14 8,000ers is a testament to your unwavering determination, resilience, and mountaineering prowess.”

“Your name etched in history inspires a nation,” he added.

Kashif noted that he will be following in Khan’s footsteps “in a few days,” as he prepares to summit the last of the 14 peaks on his list in Tibet.

Pakistan’s prominent female mountain climber Naila Kiani also applauded the development on social media.

“First Pakistani to summit all 14 X 8,000m peaks,” she said without naming Khan. “History has been made.”


Pakistan issues dengue prevention advisory as outbreak expected in 10 cities this month

Updated 04 October 2024
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Pakistan issues dengue prevention advisory as outbreak expected in 10 cities this month

  • Karachi, Lahore, Peshawar, Rawalpindi, Islamabad, Hyderabad, Faisalabad, Sialkot, Larkana, Multan at risk
  • Dengue fever is endemic to Pakistan, which experiences year-round transmission with seasonal peaks

ISLAMABAD: Pakistan’s government-run National Institute of Health (NIH) on Friday issued a dengue prevention advisory after the Pakistan Meteorological Department (PMD) warned at least 10 Pakistani cities could face an outbreak in October. 

Over 21,000 dengue cases were reported in Pakistan last year while 8,909 cases have been reported so far this year, the NIH said. 

Dengue is an illness that spreads through vectors, carried by the bite of an infected mosquito. There is currently no cure or vaccine for dengue fever, which in its most severe form can lead to fatalities. People affected by dengue go through intense flu-like symptoms including high fever, intense headache, muscle and joint pain, and nausea and vomiting, typically persisting for approximately a week.

“It is imperative to work on prevention while staying vigilant for detection of cases and ensuring preparedness to launch response activities for curtailing the transmission of dengue fever,” the NIH said, urging the strengthening of disease surveillance and awareness campaigns by authorities and personal protection by members of the public. It also called on hospitals to improve preparedness. 

“Based on the analysis, the environment has become conducive from mid of September 2024 for dengue onset and it is predicted that it may outbreak in October 2024, particularly in ten major cities of Pakistan i.e., Karachi, Lahore, Peshawar, Rawalpindi, Islamabad, Hyderabad, Faisalabad, Sialkot, Larkana and Multan as well as in post monsoon rainfall affected areas of Pakistan,” the PMD said in an advisory last week. 

“It is advised to all stakeholders to take preemptive measures for the dengue outbreak in the districts. National Health agencies and Dengue control centers are advised to keep themselves updated on the PMD website.” 

The PMD said dengue outbreaks occurred in the post-monsoon season, which usually falls between Sept. 20 and Dec. 5 if conditions are favorable. It added that the active period for dengue attacks was two hours after sunrise and two hours before sunset, while breeding stopped once the temperature fell below 16°C. 

Dengue fever is endemic to Pakistan, which experiences year-round transmission with seasonal peaks. 


Indian external affairs minister to visit Pakistan for SCO summit amid strained relations

Updated 04 October 2024
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Indian external affairs minister to visit Pakistan for SCO summit amid strained relations

  • Subrahmanyam Jaishankar visit comes at a time when Pakistan has criticized Indian elections in Kashmir
  • The last high-level visit between the two countries took place in 2023 when Bilawal Bhutto went to Goa

ISLAMABAD: Indian authorities announced on Friday their External Affairs Minister Subrahmanyam Jaishankar will visit Pakistan amid frosty relations between the two countries to attend the Shanghai Cooperation Organization (SCO) summit scheduled for this month.

This will be the first visit by an Indian external affairs minister to Pakistan in nearly a decade, though it is unclear whether he will meet Pakistani officials on the sidelines of the event.

Relations between India and Pakistan hit a major low in 2019 when New Delhi revoked Article 370, which granted special autonomy to Muslim-majority state of Kashmir.
Jaishankar’s visit comes at a time when India has held elections in the disputed Himalayan region, a process criticized by Pakistan as illegitimate and an attempt to normalize its control over the territory.

“The external affairs minister will lead a delegation to Pakistan to participate in the SCO summit which will be held in Islamabad on October 15 and 16,” Indian external affairs ministry spokesman Randhir Jaiswal announced during a news conference.

The South Asian neighbors have fought three wars, including two over control of the disputed Kashmir region in the Himalayas. New Delhi accuses Islamabad of aiding and abetting Islamist militants fighting Indian rule in the region, a charge Pakistan denies.

The last high-level visit between the two countries took place in May 2023 when Bilawal Bhutto-Zardari, Pakistan’s foreign minister at the time, attended the SCO foreign ministers’ meeting in India’s coastal state of Goa.

While Bhutto-Zardari did not meet any Indian leaders, he and Jaishankar used the forum to trade blame for their frosty ties.

- With input from Reuters