ISLAMABAD: A section of Pakistani lawyers on Thursday warned the federal government against passing constitutional amendments to assert its authority in making judicial appointments and establishing a parallel judicial system to the Supreme Court, threatening to take to the streets to protest the move.
A lawyers’ convention was held in the eastern city of Lahore on Thursday to protest the government’s proposed constitutional amendments that include establishing a separate federal constitutional court, increasing the retirement age of superior judges by three years and changing the process by which the Supreme Court chief justice is appointed.
The amendments have raised widespread concerns among opposition parties and legal experts who believe they are aimed at increasing the government’s power in making key judicial appointments and dealing with defections of lawmakers during house votes. The opposition Pakistan Tehreek-e-Insaf (PTI) party has alleged that the amendments are an attempt to grant an extension to incumbent Chief Justice of Pakistan Qazi Faez Isa, who is widely viewed to be aligned with the ruling coalition and in opposition to its chief rival, the PTI.
Information Minister Ataullah Tarar said on Wednesday that a separate constitutional court would ensure that a designated court handles constitutional matters so common litigants do not face any “obstruction” in getting justice.
“If the government tries to establish a parallel, alternate court of the Supreme Court, this will be over our dead bodies,” advocate Hamid Khan, one of the leading organizers of the convention, said.
“As a lawyer it is our responsibility to stand with the constitution and basic structure of the constitution that is an independent judiciary,” he said.
He described the government’s proposed constitutional amendments as an “attack on the independence of the judiciary.”
Khan accused leaders of the ruling coalition of settling scores with the top court, alleging that some of their leaders had been disqualified from holding public positions by the apex court in the past.
“The Supreme Court is a federal constitutional court as there can’t be any other constitutional court,” he said. “All five high courts in Pakistan are constitutional courts and we will guard their jurisdiction,” Khan vowed.
He said lawyers would next hold a convention in Peshawar followed by Karachi and Quetta cities. Khan said specific dates for these conventions would be announced later.
Insaf Lawyers Forum President Ishtiaq Ahmad Khan requested Chief Justice Qazi Faez Isa to not fall into the government’s trap for an extension in his tenure.
“We won’t allow civilians’ trials in the military courts,” he said, referring to one of the proposed amendments that reportedly empowers the military to hold trials of civilians.
Anwar Mansoor Khan, Pakistan’s former attorney general, accused the government of attempting to abolish the independence of the judiciary through the reforms.
“We will have to decide if they abolish the independence of the judiciary [through amendments],” he said. “We will have to hit the streets come what may.”
PTI general-secretary Salman Akram Raja urged lawyers to “stand with the truth and stand with the law” in the face of the proposed amendments.
“This is not just a legal issue, instead, it is linked to our future generations,” Raja said.
Meanwhile, adviser to the Ministry of Law Barrister Aqeel Malik defended the government’s plan to establish a separate constitutional court to dispense speedy justice to people.
“We want transparency in it, this is not person-specific,” he said. “It doesn’t aim to bring or remove anybody. Its [the amendments] purpose is to provide relief to the common man.”
Malik said consultations between political parties were underway to build a consensus on the constitutional amendments.
