In partnership with
Profit
Tuesday, 22 October, 2024 I | 18 Rabi ul Sani, 1446
Rs 20.00 | Vol XV No 105 I 8 Pages I Islamabad Edition
SPECIAL PARLIAMENTARY COMMITTEE CONSTITUTED FOR CJP APPOINTMENT COUNTDOWN BEGINS
g
Political parties name four senators, eight MNAs for committee
Committee to select one name from a panel of three senior judges
g
Karachi Bar rejects 26th amendment, warns of risks to judiciary’s independence KARACHI
STAFF REPORT
A
ISLAMABAD MIAN ABRAR
S countdown for naming the new Chief Justice of Pakistan has begun, a 12-member special parliamentary committee has been established to supervise the selection of the nation’s next chief justice. This is a major shift in Pakistan’s judicial selection procedure which comes into force following the passage of 26th Constitutional Amendment. The National Assembly and Senate are represented on the committee, which was formed in the wake of the 26th Amendment to the Constitution. Major political parties submit names to the office of the speaker of the National Assembly. The speaker’s office reports that four Senate members have been nominated. Kamran Murtaza was nominated by the Jamiat Ulema-e-Islam-Fazl (JUI-F), while Farooq H. Naek, a seasoned attorney, was nominated by the Pakistan Peoples Party (PPP). Azam Nazeer Tarar was chosen by the Pakistan Muslim League-Nawaz
(PML-N), while the Pakistan Tehreek-eInsaf (PTI) nominated Barrister Ali Zafar. Senior members Khawaja Asif, Ahsan Iqbal, and Shaista Pervaiz have been nominated by the PML-N from the National Assembly. Naveed Qamar and former prime minister Raja Pervaiz Ashraf are the PPP’s nominees. Sahibzada Hamid Raza and Barrister Gohar are among the PTI’s nominees, while the Muttahida Qaumi Movement (MQM) has chosen Khawaja Izharul Hassan for the special committee. The formation of this committee is part of sweeping changes introduced under the 26th Constitutional Amendment, which reforms the process of appointing the Chief Justice of Pakistan. Previously, the Chief Justice was selected based on seniority, but under the new amendment, a three-member panel of senior judges will be reviewed by the parliamentary committee. The committee, requiring a two-thirds majority for approval, will then select the new Chief Justice. This special committee is tasked with ensuring wider representation in judicial appointments, with the aim of enhancing transparency. The amendment
Justice Shah addresses jurisdiction complexities in SC post-26th Amendment enactment ISLAMABAD
STAFF REPORT
Following the passage of the 26th Amendment, Justice Mansoor Ali Shah remarked on Monday that questions of jurisdiction are likely to “arise every day” in the Supreme Court (SC) as a result of the new legislation regarding constitutional benches. The 26th Constitutional Amendment became law in the early hours of Monday after receiving approval from both houses of Parliament and the assent of President Asif Ali Zardari. The amendment introduces several changes to the Constitution, primarily focusing on judicial reforms. Key changes include the removal of the Supreme Court’s suo motu powers, the establishment of a threeyear term for the Chief Justice of Pakistan (CJP), and the empowerment of the Prime Minister to appoint the next CJP from among the three most senior judges of the Supreme Court. During a hearing related to a case involving the Competition Commission of Pakistan, Justice Shah made a light-hearted comment about the jurisdiction issue, asking, “Will this case now go to the constitutional bench or can we hear it?” He noted that this question would likely arise frequently in the Supreme Court as cases are considered for normal or constitutional benches. Advocate Farogh Naseem commented that political cases have now transformed into constitutional cases.
The Karachi Bar Association (KBA) has rejected Pakistan’s 26th Constitutional Amendment, expressing strong condemnation over its passage. The association’s president, Aamir Nawaz Warraich, criticised the process, calling it “non-transparent” and passed without proper debate. In a statement, Warraich said, “While we recognise parliament’s right to amend the Constitution, the method used is a stain on democracy.” He further criticised the decision not to nominate Justice Mansoor Ali Shah as the next chief justice, demanding the issuance of his appointment notification. “The political dominance in the Judicial Commission will now oversee judge appointments, which is a direct attack on the judiciary’s independence,” he warned, also impacts the process for appointing Supreme Court judges, involving parliamentary members in decisions that were previously handled exclusively within the judiciary. The committee’s role is to select one name from a panel of senior judges, which will then be forwarded to the Prime Minister for approval. The Prime Minister will submit the name to the President for final ratification, completing the appointment process.
adding that the move could obstruct access to justice for ordinary citizens. Warraich also voiced concerns about the involvement of Chief Justice Qazi Faez Isa in the judicial commission and constitutional bench appointments, stating, “With only four days until his retirement, there is fear that he may assist in appointing judges with an executive mindset.” The Karachi Bar Association pledged to safeguard judicial independence and called on the relevant authorities to protect the judicial system. Earlier on Monday, after the Senate passed the 26th Constitutional Amendment Bill 2024 with a two-thirds majority on Sunday evening, the National Assembly also passed the heavily contested bill with a two-thirds majority. The government needed to secure 224 votes to go over the line and it managed to secure 225 votes as some opposition members staged a walk out. The creation of this committee comes in response to ongoing demands for a more inclusive and accountable process for appointing key judicial figures. Speaking on the amendment, a government official said, “This new system will ensure that the judiciary’s leadership is selected through a more democratic and transparent process, involving broader political representation.”
CONTINUED ON PAGE 03
President Zardari signs 26th constitutional amendment into law ISLAMABAD
STAFF REPORT
President Asif Ali Zardari has officially approved the 26th constitutional amendment, and the gazette notification confirming its status as an Act of Parliament has been issued. This significant development follows the successful passage of the amendment by both the Senate and the National Assembly, achieving a two-thirds majority, thereby solidifying its effectiveness nationwide. The 26th constitutional amendment is a landmark change in Pakistan’s legal framework, aimed at enhancing the governance structure and ensuring greater political stability. It seeks to address various issues related to the political process, reinforcing the rule of law and strengthening democratic institutions. Prime Minister Shehbaz Sharif praised the unanimous passage of the amendment, referring to it as a “shining example of national consensus.” Speaking during a joint session of Parliament after the amendment’s approval, he emphasized that this marks a historic day for the country. The Prime Minister noted that the amendment aligns with the unfinished vision of the Charter of Democracy, which was
SC rejects PTI’s intra-party election review plea ISLAMABAD
STAFF REPORT
The Supreme Court of Pakistan has upheld its January 13 decision and dismissed a review petition filed by Pakistan Tehreek-e-Insaf (PTI) concerning its intraparty elections. The ruling was made by a three-member bench, led by Chief Justice Qazi Faez Isa and comprising Justices Muhammad Ali Mazhar and Musarrat Hilali. During the hearing, the court noted that despite offering an additional opportunity, the legal representatives for the parties did not present any arguments that would warrant a change in the earlier decision. “No error in our January 13 ruling has been demonstrated, so the review petition is dismissed,” the court stated. Barrister Ali Zafar, representing PTI, argued that a constitutional amendment had since been passed, suggesting the Supreme Court should no longer hear the case. Chief Justice Isa responded, noting that he had not reviewed the amendment and had no information regarding it at the time. The ruling marks the final closure of PTI’s attempt to challenge the intra-party election process. Meanwhile, a heated exchange occurred between Pakistan Tehreek-e-Insaf (PTI) lawyer Hamid Khan and Chief Justice Qazi Faez Isa during the Supreme Court’s hearing on the review petition regarding PTI’s intra-party elections. Tensions flared during Hamid Khan’s arguments when he stated that a three-member bench could not hear the case, citing a previous 13-member bench ruling. Chief Justice Isa questioned why this point was not raised earlier, prompting Khan to assert that the court should refer to the Election Commission and Sunni Ittehad Council case decisions. The situation escalated when Hamid Khan accused the Chief Justice of being biased. Chief Justice Isa responded, “I prefer people who speak to my face, not on TV.” Khan replied that he could not argue before a judge he believed to be biased. The exchange continued with the Chief Justice questioning whether the court was being treated as a platform for casual conversation. Hamid Khan then remarked that while it was an honour to appear before the court, he would refrain from making further arguments.
BNP-M leader plans disqualification reference against party senators over 26th Amendment vote ISLAMABAD
STAFF REPORT
established by former leaders Benazir Bhutto and Nawaz Sharif. He articulated a commitment to ensuring that the legislative framework upholds democratic values and empowers the elected representatives. Shehbaz also asserted that the era of dismissing elected prime ministers is over, underscoring that Parliament has demonstrated its strength and unity in navigating through political challenges. This sentiment, he expressed, reflects a growing desire among lawmakers to protect the democratic process and prevent any undue influence on the government from external forces.
During his address, the Prime Minister commended Bilawal Bhutto-Zardari for his sincere efforts in advocating for the amendment and acknowledged Maulana Fazlur Rehman for his significant contributions to advancing Pakistan’s best interests. Shehbaz concluded his remarks by stating that the approval of the 26th amendment sends a strong message to the public and political landscape alike. He asserted that these constitutional changes are designed to pave the way for easier access to justice for citizens and secure a more stable and prosperous future for Pakistan.
Sardar Akhtar Mengal, leader of the Balochistan National Party (BNP-M), has announced plans to file a reference seeking the disqualification of two senators from his party who voted in favor of the 26th Constitution Amendment Bill, which he claims was against the party’s stance. Senators Muhammad Qasim and Naseema Ehsan of the BNP-M supported the bill, enabling the ruling coalition to solidify its majority in the upper house. In a media briefing, Mengal expressed his discontent over the passage of the amendment, alleging that he was forcibly removed from both the visitors’ gallery and the members’ lobby of the Senate by the sergeantat-arms before the voting process commenced. He claimed this action was taken to prevent him from confronting the two dissenting senators. Mengal stated that he intended to make eye contact with Qasim and Ehsan in an attempt to make them feel embarrassed about their decision.
ICJ terms 26th Constitutional law as ‘blow to judicial independence’ ISLAMABAD
STAFF REPORT
The International Commission of Jurists (ICJ) derided Monday’s passage of the 26th Constitutional Amendment into law following the approval of both houses of parliament as a “blow to judicial independence”. Pakistani politics saw a second “working weekend” in as many months, where the ruling coalition finally succeeded in passing the much-touted ‘Constitutional Package’ with a two-thirds majority in both the Senate and the National Assembly. The 26th Amendment brings changes to the Constitution, most of which pertain to the judiciary. Some main reforms include taking away the Supreme Court’s suo motu powers, setting the chief justice of Pakistan’s (CJP) term at three years, and empowering the prime minister to appoint the next CJP from among the three most senior SC judges. On Sunday, the bill, which had 22 clauses, was greenlit by the Senate with a
two-thirds majority. Then, during a session that began late on Sunday night and continued past 5am on Monday, the NA also passed it with a two-thirds majority. The NA-approved version had 27 clauses after incorporating suggestions made by the Senate. Following the conclusion of parliamentary procedures, Prime Minister Shehbaz Sharif, according to Radio Pakistan, sent his advice to President Zardari for his assent on the newly enacted law — titled ‘The Constitution (26th Amendment) Act, 2024’. An NA secretariat notification published in the Gazette read that the Act with 27 clauses “received the assent of the President on the 21st October, 2024”. In a statement shared on its X account, state broadcaster PTV News said: “According to the Constitutional Amendment, the new chief justice will be appointed by the parliamentary committee”. “The federal government has decided to constitute the parliamentary committee to appoint the chief justice,” it added. Under the Amendment, the country’s top
judge will now be “appointed on the recommendation of the Special Parliamentary Committee from amongst the three most senior” Supreme Court judges. Reacting to the development, the ICJ said the amendment was “a blow to judicial independence, the rule of law, and human rights protection”. In a statement issued on Monday, ICJ Secretary General Santiago Canton said the changes brought an “extraordinary level of political influence over the process of judicial appointments and the judiciary’s own administration. “They erode the judiciary’s capacity to independently and effectively function as a check against excesses by other branches of the State and protect human rights.” The ICJ criticised the swiftness with which the bill became an act, saying that draft amendments were kept secret, and there were no public consultations on the proposals before they were introduced in and passed by parliament. “It is alarming a Constitutional Amend-
ment of great significance and public interest was passed in such a secretive manner and in less than 24 hours. “The core principle of the rule of law and the separation of powers according to which citizens and their freely chosen representatives have the right to participate in the legislative process culminating in the adoption and enactment of laws was flagrantly violated in this case,” Canton said. The ICJ pointed out that the changes in the amendment “seriously undermine the independence of the judiciary by unduly subjecting it to executive and parliamentary control”. Assailing the changes to the Judicial Commission of Pakistan’s (JCP) composition, the ICJ said they would “allow for direct political influence over it and reduce the JCP’s judicial members to a minority”. It said that giving the JCP the power to make constitutional benches would allow the body to create “tailored-made judicial benches to hear specific cases”, including cases of political significance. “As a result,
there is serious concern that these JCP-appointed benches will not be independent and impartial,” it added. Regarding the changes to the process for the chief justice of Pakistan’s appointment, the ICJ said the amendment provided no grounds or criteria on the basis of which a special parliamentary committee will nominate the top judge. It also criticised changes pertaining to the removal of inefficient judges, saying that the amendment neither defined inefficiency nor did it establish a threshold or criteria for inefficiency. “The ICJ understands that some reforms to the existing judicial system may have been needed to make the courts more efficient and accountable, and the judicial appointment process more transparent and inclusive. “But these amendments are an attempt to subjugate the judiciary and bring it under the control of the executive, betraying fundamental principles of the rule of law, separation of powers and the independence of the judiciary,” Canton concluded.