Pakistan says building ‘wider consensus’ on constitutional amendments amid criticism from lawyers, opposition

Pakistan’s information minister Attaullah Tarar is addressing media at a news conference in Islamabad, Pakistan on May 4, 2023. (PID/File)
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Updated 18 September 2024
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Pakistan says building ‘wider consensus’ on constitutional amendments amid criticism from lawyers, opposition

  • Package of reforms is expected to increase retirement age of superior judges, change chief justice’s appointment process
  • Prominent lawyers threaten to stage protest against amendments, describe them as “assault on unity of the nation”

ISLAMABAD: Pakistan’s information minister on Wednesday said the government was building a “wider consensus” on constitutional amendments seeking to reform the judiciary, as prominent lawyers and opposition parties in the country rejected the proposals which they say compromise the independence of the judiciary. 

The package of reforms, widely believed to include as many as 22 amendments to the constitution, is expected to increase the retirement age of superior judges by three years and change the process by which the Supreme Court chief justice is appointed.

The amendments have raised widespread concerns among opposition parties and legal 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 ruling coalition comprising the Pakistan Peoples Party (PPP) and the Pakistan Muslim League-Nawaz (PML-N) is short of at least 13 lawmakers in the National Assembly and four in the Senate to complete the required two-thirds majority required for the amendments to pass. Both parties have since engaged various political players, including the leader of the Jamiat Ulama-e-Islam Fazl (JUI-F) Fazl-ur-Rehman, to garner his support for the amendments. 

“The process for a wider consensus on the constitutional amendments is continuing as all political parties have talked about it and tried to build a consensus,” Information Minister Attaullah Tarar told reporters at a news conference. 

One of the key proposals is to create a new federal Constitutional Court alongside the Supreme Court. Tarar defended the proposal, saying it would make life easy for thousands of litigants in the country. 

“The constitutional matters go to the constitutional court so that no obstruction should be created in way of justice for common litigants,” he said. 

Speaking to reporters earlier in the day, Rehman said his party had “completely rejected” the proposed draft of the amendments presented to the opposition. Meanwhile, the Pakistan Tehreek-e-Insaf (PTI) opposition party of jailed former premier Imran Khan has also criticized the amendments, alleging that they 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. 

Tarar said the government is engaged with the JUI chief to build a consensus on the document.

At a news conference in Islamabad, Federal Law Minister Azam Nazir Tarar said the bill will not be introduced in parliament till the cabinet approves it. 

“When it [bill] is introduced in the assembly, then it can be said the government has brought this bill and which amendments it would be able to get passed and which one it would withdraw,” the law minister said. 

PPP lawmaker Sehar Kamran told Arab News that after the government’s failure to build consensus on the matter, her party’s chairman Bilawal Bhutto-Zardari had decided to engage other political parties to do the same.

“Now Bilawal Bhutto-Zardari has taken up this job of engaging with all political forces to build consensus on at least two points, including the establishment of a constitutional court and increased parliamentary role in the appointment of the judges,” Kamran said. 

She said the move was neither time-bound nor person-specific, saying that it was instead aimed at facilitating the public in the speedy dispensation of justice.

'ASSAULT ON UNITY OF NATION'

Meanwhile, prominent Pakistani lawyers rejected the proposed amendments, threatening to take to the streets against it. 

“Lawyers are ready to play their role in stopping these amendments from being passed by the parliament as they are aimed at abolishing the independence of the judiciary,” Rabbiya Bajwa, former vice president of the Lahore High Court Bar Association (LHCBA) told Arab News.

She said the LHCBA was holding a convention on Thursday where lawyers from across the country would protest against the proposed constitutional amendment package.

Advocate Amanullah Kanrani, former president of the Supreme Court Bar Association (SCBA), said the government’s constitutional package was “an assault on the unity of the nation” which must be thwarted.

“The government wants to dilute powers of the Supreme Court by establishing a parallel constitutional court for temporary benefits, but this will haunt the nation for time to come,” Kanrani said.


Pakistan constitutional court disposes of murder case of journalist Arshad Sharif

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Pakistan constitutional court disposes of murder case of journalist Arshad Sharif

  • Sharif was shot dead by police in Kenya on October 23, 2022, in what was said to be a case of ‘mistaken identity’
  • Court says no need for judicial interference when Pakistan, Kenya taking ‘appropriate action under respective laws’

ISLAMABAD: Pakistan’s Federal Constitutional Court (FCC) on Tuesday disposed of a suo motu case related to the killing of prominent journalist Arshad Sharif in Kenya, ruling that there is no need for judicial oversight when the law and investigation are taking their “due course.”

Sharif, an outspoken critic of Pakistan’s government and its powerful military, was killed when police shot at his car on the outskirts of Kenya’s capital Nairobi on Oct. 23, 2022. Kenyan police later said the killing was a case of mistaken identity.

A five-member Supreme Court bench had initially taken up the suo motu case for an independent and transparent probe of Sharif’s murder in Dec. 2022, which was transferred to the FCC that was formed under the 27th constitutional amendment last year and granted jurisdiction over both constitutional and suo motu cases.

In a 14-page judgment on Tuesday, the constitutional court stressed that a mutual legal assistance (MLA) agreement had been reached between Pakistan and Kenya and that the matter was being handled through diplomatic channels.

“Since the MLA agreement has been signed between the two nations and they are also coordinating at the diplomatic level to implement it, we are of the view that the authorities of both countries are taking appropriate action under their respective laws,” the verdict read.

“Therefore, there is no need for any judicial interference in this regard when the law and investigation is taking its due course. In light of the aforementioned discussion, the instant suo moto action is disposed of. Accordingly, all pending applications are also disposed of.”

Sharif, who hosted a current affairs show on a local television channel, had to leave the country after several cases related to charges of sedition and others were filed against him shortly before his killing. He was believed to have been in the United Arab Emirates since he left Pakistan and had traveled to Kenya where he was killed.

While Kenyan police called his killing a case of mistaken identity, a team of Pakistani investigators, who probed his alleged murder, released a report in December 2022, saying that Sharif’s killing was a “planned, targeted assassination.”

Sharif’s wife, Javeria Siddique, who had demanded a judicial commission last year to probe his killing, said she was “disappointed” by Tuesday’s verdict.

“This case was a test for press freedom in Pakistan and getting justice for a citizen hounded in three countries, brutally killed,” she said on X. “A black day indeed.”