Pakistan: Lawyers unite against proposed amendments, claim threat to judiciary's independence
Sep 18, 2024
Karachi [Pakistan] September 18 : Lawyers Action Committee (LAC), which identifies itself as a "non-political" forum for lawyers, organised a protest at the City Courts in Karachi.
They described the proposed constitutional amendments as an attempt to "manipulate the judiciary for political gain."
The lawyers committee warned against any efforts to extend the current chief justice's tenure through unconstitutional amendments, labelling such actions illegal and a direct threat to judicial independence, Dawn reported.
The LAC called for a notification to appoint Justice Mansoor Ali Shah, the Senior Puisne Judge of the Supreme Court of Pakistan, as the next chief justice following Justice Qazi Faiz Isa's retirement. They also asserted that the proposed constitutional amendments represent an "assault on the independence of the Supreme Court."
Earlier, the Karachi Bar Association (KBA) had raised concerns about the proposed 26th amendment to the Constitution of Pakistan, stating that its "secretive and mysterious" introduction violates parliamentary protocol. In a resolution passed on Monday, the KBA expressed that the proposed amendments, particularly the extension of the age limit for justices and judges, not only undermine the fundamental principles of the Constitution but also pose a direct threat to it and to the higher courts. The association emphasised that these amendments could infringe upon the judiciary's independence.
The KBA stated, "Constitutional amendments can only occur with consensus following speeches and discussions; failing to disclose these amendments to members of parliament and the public is itself a violation of the Constitution of Pakistan." They added that the amendments contradict the rule of law and are being pursued without proper debate, undermining the sanctity of the Constitution.
The report further noted that the KBA called on the judiciary and the legal community to oppose and reject these amendments, urging unity during this crisis to uphold the integrity of the Constitution and the autonomy of the judicial system.
Meanwhile, following an inter-provincial meeting, the Sindh Bar Council (SBC) called for a notification to appoint Justice Mansoor Ali Shah as the new Chief Justice of Pakistan upon the retirement of the current Chief Justice Qazi Faez Isa. The SBC also urged a ban on the reappointment of all government employees, including retired judges and generals. Additionally, the SBC requested that the federal government consult representatives from the legal community and all stakeholders before implementing any constitutional amendments related to the judiciary.
