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.


Pakistan steps up security ahead of regional leaders’ meeting

Updated 14 October 2024
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Pakistan steps up security ahead of regional leaders’ meeting

  • Pakistan announces three-day holiday in Islamabad with schools, businesses shut 
  • Threat alert in country has been high especially after suicide attack targeting Chinese nationals 

ISLAMABAD: Pakistan’s capital was under strict security lockdown starting Monday ahead of the arrival of Chinese Premier Li Qiang for a four-day bilateral visit and a heads-of-government gathering of the Shanghai Cooperation Organization (SCO) this week.

The government has announced a three-day public holiday in Islamabad, with schools and businesses shut, and large contingents of police and paramilitary forces deployed.

Pakistan army troops will be responsible for the security of the capital’s Red Zone, which will house most of the meetings and is also home to parliament and a diplomatic enclave, according to interior ministry.

The threat alert has been high in the South Asian nation ahead of the SCO summit meeting, especially after the killing of two Chinese engineers and shooting to death of 21 miners.

Tensions have mounted after jailed former Prime Minister Imran Khan called for a protest on Oct. 15 to press for his release and agitate against the coalition government, following violent clashes between his party loyalists and security forces.

Islamabad has sought to curb all movement of Chinese nationals in the city, citing fears of violence from separatist militants.

The SCO’s 23rd meeting, which comprises nine full members including China, India, Iran and Russia, is scheduled for Tuesday and Wednesday in Islamabad.

Prime Minister Li is undertaking a bilateral visit to Pakistan from Monday to Thursday, accompanied by senior officials, Pakistan’s foreign office said.

Li and Pakistani Prime Minister Shehbaz Sharif will lead their respective delegations to discuss economic and trade ties and cooperation under the China Pakistan Economic Corridor (CPEC), a $65 billion investment in the South Asian country under Chinese President Xi Jinping’s Belt and Road Initiative.

Li is also likely to inaugurate the CPEC funded Gwadar International Airport in restive southwestern Balochistan province, which borders Afghanistan and Iran.

The SCO participants will be represented by the prime ministers of China, Russia, Belarus, Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan as well as the first vice president of Iran and external affairs minister of India, the foreign office said. 


First batch of 27 Palestinian medical students arrive in Pakistan to continue studies

Updated 46 min 19 sec ago
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First batch of 27 Palestinian medical students arrive in Pakistan to continue studies

  • Batch is part of 192 Palestinian students who will continue fully funded studies in Pakistani universities
  • Initiative is a collaborative effort by Al-Khidmat Foundation, Doctors of Rahman and Global Relief Trust

KARACHI: The first batch of 27 Palestinian medical students out of a total of 192 arrived in Lahore from Cairo on Monday to continue their studies in the country, a leading charitable organization involved in the initiative said. 

Pakistan’s foreign ministry announced in July that Islamabad will provide scholarships to over 100 Palestinian students enabling them to continue their medical studies in Pakistan, as Israel’s war wreaks havoc in the Middle East. Since Oct. 7, 2023, Israel has killed over 42,000 people in Gaza through relentless bombardment despite ceasefire calls and angry protests in several countries. 

The Palestinian students will continue their medical and dental studies in Pakistani institutions through fully funded programs. The initiative is a collaborative effort by the Global Relief Trust, Doctors of Rahman, and leading Pakistani charity organization, the Al-Khidmat Foundation. 

“Twenty-seven more Palestinian students from Gaza arrived in Pakistan to continue their education,” Al-Khidmat Foundation said in a press release. Pictures showed Palestinian students poising with airport officials after their arrival. 

“Welcome Palestine students,” read a large banner carried by the airport officials. 

The first batch of 27 Palestinian medical students arrive at Allama Iqbal International Airport in Lahore, Pakistan, on October 14, 2024. (Al-Khidmat Foundation)

Al-Khidmat Foundation representatives and the Pakistani embassy in Cairo facilitated the students’ departure from Cairo International Airport on Sunday, Al-Khidmat Foundation said. 

“During the first phase, a total of 192 Palestinian students will arrive in Pakistan through various flights and continue their medical and dental studies in Pakistan through the collaboration of Al-Khidmat Foundation, Doctors of Rahman and the Global Relief Trust,” the statement added.

Several international media outlets have reported significant destruction of hospitals and universities in Gaza since October last year. 

The World Health Organization and other sources have documented severe damage to the area’s health care facilities, including the largest hospital Al-Shifa, which has been rendered non-functional due to extensive damage in the ongoing conflict.

There have also been widespread reports of substantial damage to educational institutions along with reports of deliberate targeting of Palestinian academics.


Pakistan to re-use Multan pitch for second England Test

Updated 14 October 2024
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Pakistan to re-use Multan pitch for second England Test

  • England scored mammoth 823-7 in first Test on pitch severely criticized for batting-friendly nature
  • Pakistan skipper Shan Masood, Head Coach Jason Gillespie inspected pitch during practice on Sunday

MULTAN: Under-pressure Pakistan are set to re-use the controversial Multan pitch used for the first Test against England for the second match starting Tuesday, in a rare move as they seek to level the series.

England scored the fourth highest Test score of 823-7 to inflict an innings and 47-run defeat on the home side on a pitch severely criticized for its batting-friendly nature.

Pakistan scored 556 in their first innings.

Sources in the Pakistan camp confirmed the same first Test pitch will be used on Tuesday.

“We have decided to use the same pitch of the first Test and it is watered and being dried for the use,” said a source who did not wish to be named.

Industrial-sized fans were used at both ends to dry the pitch while both teams practiced at the ground on Sunday.

Pakistan skipper Shan Masood and head coach Jason Gillespie inspected the pitch and had a lengthy discussion, while England head coach Brendon McCullum also had a long look.

The ICC playing conditions allow re-use of a pitch for successive Tests, but it could result in getting a poor rating if the surface does not play well.

Pakistan has a history of flat pitches, with former Australian great Dennis Lillee denouncing a pitch as “bowlers’ graveyard” back in 1980.

Two years ago, the Rawalpindi stadium pitch was deemed “below average” by the International Cricket Council, after 1,187 runs were scored in a Pakistan-Australia Test for the loss of only 14 wickets.

But the ICC rescinded the one demerit point after the Pakistan Cricket Board appealed against the decision.


Pakistan police say 63 bandits killed, 45 injured in Rahim Yar Khan in ongoing operation

Updated 14 October 2024
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Pakistan police say 63 bandits killed, 45 injured in Rahim Yar Khan in ongoing operation

  • Riverine areas or “kacha” areas in Sindh and Punjab are notorious for bandits who reside there to evade police
  • Punjab Police say long-range weapons, bulletproof vehicles being used in operation against riverine dacoits

ISLAMABAD: Police in Pakistan’s eastern Punjab province have said that around 63 bandits have been killed and 45 injured in an ongoing operation against criminals residing in the riverine areas of Rahim Yar Khan district, state-run media reported. 

The riverine areas or “kacha” areas as they are known in the local language, have been long associated with bandits. The hostile terrains in these areas, located in Sindh and Punjab, make it difficult for law enforcers to act against criminals who take shelter here. Some of the kacha areas notorious for crimes include Ghotki, Kashmore, Rajanpur, and Rahim Yar Khan. 

Some areas in the two provinces are so dangerous that people avoid traveling after sunset to avoid getting robbed, though police say they have cleared most “no-go areas.” In August, 12 policemen were killed when bandits attacked them with guns and rocket-propelled grenades in Rahim Yar Khan district’s riverine areas.

“The Punjab police’s intelligence-based operations are ongoing in the Kacha area of Rahim Yar Khan in which 63 dangerous criminals were killed and 45 injured so for,” state-run Associated Press of Pakistan reported on Sunday. 

The APP quoted a Punjab Police spokesperson saying that Rahim Yar Khan Police has established permanent posts in the district’s riverine area.

“The Punjab police are present in the region with full force and extensive resources,” the spokesperson was quoted as saying by the APP. 

Inspector General of Police Punjab Dr. Usman Anwar said all necessary resources, including long-range weapons, vehicles and bulletproof vehicles were being utilized against criminal elements in the area. 

“The intelligence-based targeted operations will continue in Kacha till the complete elimination of criminal activities,” Dr. Anwar was quoted as saying by the APP. 

The state-run media said 531 citizens were prevented from being kidnapped in the kacha area so far through “vigilance at border checkpoints.” The state media said police teams will continue intelligence-based targeted operations to “completely eradicate” crimes.
 


India pin World Cup hopes on arch-rivals Pakistan beating Kiwis in Dubai today

Updated 14 October 2024
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India pin World Cup hopes on arch-rivals Pakistan beating Kiwis in Dubai today

  • If Pakistan beat New Zealand today, India can qualify for semifinal on net run rate basis 
  • Pakistan’s Muneeba Ali says her team hopes to qualify for semifinals by beating Kiwis today

ISLAMABAD: The Indian women’s cricket team are hoping Pakistan beat a strong New Zealand side today, Monday, in order for them to survive in the ongoing ICC Women’s T20 World Cup tournament. 

India, one of the strongest sides in the tournament, suffered another setback on Sunday after they lost to Australia by nine runs. The blue shirts, who have lost to New Zealand and Australia and secured wins only against Pakistan and Bangladesh, will want Fatima Sana’s side to beat New Zealand in Dubai on Monday so that the second semifinal spot is decided on the net run rate basis. 

Defending champions Australia have already qualified for the semifinal after winning four matches. 

“In ICC Women’s T20 World Cup, Pakistan women will play against New Zealand women in Dubai, today,” state broadcaster Radio Pakistan said. 

Indian skipper Harmanpreet Kaur admitted on Sunday that it was no longer in her side’s power to make it to the semifinal stages of the tournament. 

“If we get the opportunity to play another game, that will be great. But otherwise, whoever deserves to be there, that team will be there,” Kaur told reporters. 

Meanwhile, Pakistan stand-in skipper Muneeba Ali said her team has not given up hopes of qualifying for the semifinal. To do that, Pakistan will have to not only beat New Zealand but also significantly improve a run rate inferior to that of India and New Zealand.

“We know that the pool is still open. We have a chance to win tomorrow’s match and if we win by a good margin, we have a chance to qualify for the semifinals,” Ali told reporters on Sunday.

Pakistan will be boosted by the return of skipper Sana, who missed the green shirts’ match against Australia after briefly returning home following the death of her father. Pakistan lost to Australia by nine wickets in a one-sided contest. 

The Pakistan-New Zealand match is scheduled to begin at 7:00 p.m. Pakistan Standard Time.