Law minister moves to allay lawyers’ fears over amendment

ISLAMABAD: On Wednesday, the Lawyers‘ Representative Convention expressed concerns regarding the selection process for the first Chief Justice of the proposed nine-judge Federal Constitutional Court (FCC). They noted that the process appears to favor the executive branch and could potentially become politicized.

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Although all of the bar councils and associations from Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan, including the Pakistan Bar Council (PBC), agreed that parliament had the authority to propose constitutional amendments, they expressed concern about any modifications that would alter the fundamental framework of the document.

The Supreme Court Bar Association (SCBA) hosted the convention, which was graced by elected leaders of the legal community and Law Minister Azam Nazeer Tarar. The declaration was adopted by the convention, which expressed reservations about the legislation’s adoption process and criticized the move’s secrecy rather than meaningful dialogue with all stakeholders.

Mr. Tarar reassured them that the PM would advise the president when appointing the first CJ-FCC, and that the CJ-FCC would consult with the president when appointing the remaining judges.

However, the Judicial Commission of Pakistan (JCP), whose membership would be altered to include four members from both chambers of parliament—two from the opposition and the treasury benches—would continue to select judges to the Supreme Court and High Court as usual.

He claimed that the package’s main goal was to provide quick justice to regular litigants and that Article 9A, which would make a clean environment a basic right by outlawing pollution of rivers and streams and smog, would also be added to the Constitution.

He noted that as part of the deal, the JCP will have the authority to suggest that ineffective high court judges be retired or removed through the SJC.

However, prominent attorney Ahsan Bhoon lamented the fact that such a covert approach of amending the constitution had never been used.

In response to concerns about raising judges’ retirement age from the current 65 to 68 years old, the law minister recommended that the SCBA establish a committee and invite input from all relevant parties.

Farooq H. Naek, vice chairman of PBC, expressed sorrow that the package was developed without consulting the legal community, but he quickly added that it might hold the key to solving all of the nation’s constitutional interpretation issues.

The law minister clarified that the package was created in accordance with previous recommendations made by bar groups and councils.

He declared that the Federal Court of Appeals (FCC), which will comprise justices from all of the provinces and the federal capital, would hear matters pertaining to the application of Article 184(3)’s guarantees of fundamental rights or any matter pertaining to the interpretation of the Constitution.

According to him, the “Constitutional Package” also included modifications to Article 63A that guarantee a member’s vote counts even in cases where floor crossing justifies disqualification.

Despite concerns among the military leadership that anti-terrorism courts had not succeeded in prosecuting offenders, the minister stated that trials of civilians in military courts were not included in the current package because of a lack of agreement.

In addition, he stated that the package included a schedule for the appointment of a chief election commissioner.

The SCBA President, Shahzad Shaukat, read out the statement, which said that although attorneys recognize the parliament’s right to propose constitutional amendments, it lacked the power to change the fundamental framework of the document.

He stated that the SCBA would form a committee of all bar councils and associations to deliberate on the matter in order to have a meaningful conversation.

He, however, regretted the call on part of certain sections to observe a strike.

‘No court above SC acceptable’

Separately, veteran attorney and PTI senator Hamid Khan told reporters at the Lahore High Court that no court higher than the SC should be accepted.

The chairman of one of the two largest legal organizations in the nation, Hamid Khan, declared that the legal community will not tolerate “unconstitutional” government activities. He continued, “We want to see the judiciary become stronger and more independent.”

He declared that the “illegitimate” government’s modifications would not be recognized.

Petition against move

In a related development, Abid Shahid Zuberi, the former president of the SCBA, filed an application with the SC, requesting that CJP Isa present his petition for a restraining order against the government’s introduction of the contentious bill before parliament right away to a three-member committee established under the SC (Practice and Procedure) Act.