Constitutional Amendments: In new challenge to government, key Pakistani politician urges judicial reforms

Maulana Fazlur Rehman (center), leader of the Jamiat-e-Ulama-e-Islam (JUI-F) party, is addressing a press conferennce in Multan, Pakistan on September 20, 2024. (Jamiat Ulama-e-Islam Pakistan)
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Updated 20 September 2024
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Constitutional Amendments: In new challenge to government, key Pakistani politician urges judicial reforms

  • Government reached out to Maulana Fazlur Rehman to push the constitutional amendment package in parliament
  • Rehman says the package limited the scope of human rights, expanded the role of Pakistan’s powerful military

ISLAMABAD: The chief of a leading Pakistani religio-political party said on Friday he had suggested that the government undertake judicial reforms instead of passing an elaborate constitutional amendments package, posing a new challenge to the ruling coalition of Prime Minister Shehbaz Sharif, which is pushing for the changes. 
The government last week sought to get a package of 52 constitutional amendments passed in parliament but postponed the move after it was unable to gather the two-thirds majority parliamentary votes required, most importantly as it did not get support from Fazl-ur-Rehman, the president of the Jamiat-e-Ulama-e-Islam (JUI-F) party.
The amendments propose increasing the retirement age of superior judges by three years, revisiting the seniority principle in the appointment of the country’s top judge and establishing a federal constitutional court, among other changes.
Opposition parties, mainly the Pakistan Tehreek-e-Insaf (PTI) party of jailed former premier Imran Khan, have criticized the package, calling it an “attack” on the independence of the judiciary. The PTI says the amendments are being done solely to grant an extension to incumbent Supreme Court Chief Justice Qazi Faez Isa, widely believed to be aligned with the ruling coalition and in opposition to its chief rival, the PTI. 
The government has repeatedly said the amendments are not “individual specific.”
“We [Jamiat-e-Ulama-e-Islam] adopted a stance that instead of amending the constitution with individuals in mind, why not head toward judicial reforms?” Rehman said at a televised news conference in Multan.
He said that his party had sought a draft of the constitutional amendment package from the government, saying the government was initially not willing to share it but when it managed to get hold of a copy, it reflected a lack of preparation.
“When we received the copy [of the proposed constitutional amendments] and our lawyers reviewed it, we were deeply saddened by the fact that the constitution, which protects the fundamental rights of every citizen, but over here, human and fundamental rights had been restricted, and the role of [Pakistan’s] military had been significantly expanded.
“Additionally, matters relating to the appointment and transfer of judges, even in the high courts, were alarming. If a judge is not trusted or cannot deliver a favorable decision, they could be immediately transferred, or the case could be reassigned to another judge.”
He said he had met with a key coalition partner, Bilawal Bhutto Zardari, chairman of the Pakistan People’s Party, about the amendments package. 
“We agreed that we could also make a draft [of amendments] and he could also create a draft before sharing them with each other,” Rehman said. 
“We want consensus. The job of parliament is to legislate, bring constitutional legislation, make amendments, and pass laws. This is our job. And we are not ready to accept any restriction on this.”
The issue of the constitutional amendments 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.


Pakistan’s defense minister backs army spokesman’s criticism of Imran Khan

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Pakistan’s defense minister backs army spokesman’s criticism of Imran Khan

  • Khawaja Asif calls the military’s response to Khan’s recent remarks ‘measured’
  • He accuses Khan’s PTI party of ‘changing its identity’ by siding against Pakistan

ISLAMABAD: Pakistan’s Defense Minister Khawaja Asif on Saturday defended a scathing news conference by the military’s spokesman a day earlier, in which the latter accused former prime minister Imran Khan of promoting an anti-state narrative that he said had become a national security threat.

Lt. Gen. Ahmed Sharif Chaudhry, who heads the military’s media wing as director general of Inter-Services Public Relations (ISPR), addressed journalists on Friday in response to Khan’s latest social media post accusing Chief of Defense Forces Field Marshal Asim Munir of being responsible for “the complete collapse of the constitution and rule of law in Pakistan.”

During the briefing, Chaudhry described the incarcerated former premier as a “narcissist” and a “mentally ill individual,” though he said it up to the government to determine how it wanted to deal with him.

Asked about the military’s viewpoint against Khan and his Pakistan Tehreek-e-Insaf (PTI) party, Asif told reporters in the city of Sialkot the former premier had long used harsh language against state institutions and political opponents.

“When this kind of language is used for individuals as well as for institutions, then a reaction is a natural outcome,” he said. “The same thing is happening on the Twitter accounts being run in his [Khan’s] name. If the DG ISPR has given any reaction to it, then I believe it was a very measured reaction.”

The minister said Khan and PTI leaders had continued to target the army despite the sacrifices made by soldiers in the fight against militancy and during the four-day conflict with India in May.

He said PTI should recognize those sacrifices by supporting “our soldiers and martyrs” rather than “the terrorists.”

“Imran Khan speaks on every issue. Why did he not speak [in favor of the military] during the war [with India]?” Asif said. “Even during the war he kept targeting the military leadership. He continued to use inappropriate language for them.”

“People whose conduct is like this, whose language does not spare even the martyrs, how can they say ... that the DG ISPR should not say this or should not say that?” he continued. “He absolutely should.”

Asif added that Khan and his party had “changed their identity,” adding they were no longer standing with Pakistan.

PTI has not officially responded to his comments yet.