KARACHI: More than 300 senior lawyers of Pakistan have signed an open letter addressed to judges of superior judiciary urging them not to join any proposed constitutional court even if parliament passes the bill. The letter addressed to the Supreme Court and high court judges expressed grave concerns over the effect of the proposed court.
We implore you, members of our constitutional courts,
Do not accept this new court if such legislation were to go through. They declare that any of the justices would have become criminals for agreeing to serve on this court that they believe will further compromise the Constitution.
The letter is signed by notable persons such as Munir Ahmed Khan Kakar, Abid Saqi, Riasat Ali Azad, and a few more. They argue that the court which would be proposed is in the nature of a Provisional Constitution Order (PCO) court and that judges who are appointed to that would incidentally become PCO judges. It reflects on past incidents wherein the judiciary gave legitimacy to the actions that brought harm to democracy and the Constitution, thus asking the present-day judges not to commit the same mistakes.
The attorneys have criticized
The introduction of the proposed amendments, referring to the consolidation as a sneaky attack on the constitutional framework. They further contend that the proposal-not to control judges and reshape the Supreme Court with loyalists-threatens both judicial independence and provincial autonomy. To the lawyers, the proposition is shrouded in misplaced arguments about the supremacy of law with merit that is intellectually bankable.
Last week, the Pakistan Bar Council
Along with numerous other bar councils and associations from Punjab, Sindh, Khyber Pakhtunkhwa and Balochistan expressed unanimous concerns regarding whether the Constitution’s basic structure might undergo change. They declared that any attempt at changing provisions of the Constitution without judicial protection stands as their serious objection to the bill.
Related discussion in this regard presented the view of Legal adviser Barrister Aqeel Malik, according to whom a session of the National Assembly is planned for the first week of October in which the controversial “Constitutional Package” will be presented to the house for approval despite raising serious concerns in legal circles over its implications on the independence of the judiciary.
In point of fact, the debate has been a continued reminder of the critical tension between legal reforms and judicial independence in Pakistan and the caution and vigilance required to maintain the integrity of the constitutional framework.
