Constitutional amendment: Lawyers to launch movement from 19th: Hamid Khan

"We will never accept any parallel federal constitutional court being proposed in amendments", says senior lawyer

By Sohail Khan
September 17, 2024
Hamid Khan, former president of the (SCBA), along with senior lawyers speaks to the media outsidethe Supreme Court on September 16, 2024. — Screengrab via X/nayeema1

ISLAMABAD: The legal fraternity on Monday announced launching of another movement from Sept 19 for protection of Constitution and independence of judiciary. They rejected proposed constitutional amendments and demanded the government immediately issue notification of Justice Mansoor Ali Shah as the next chief justice of Pakistan (CJP).

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Hamid Khan, former president of the Supreme Court Bar Association (SCBA), along with senior lawyers of the Supreme Court, as well as former presidents of various bar associations across the country, spoke to the media outside the Supreme Court. He rejected the proposed amendments to the Constitution sought to be introduced through a bill that would transfer the vested powers of the apex court and high courts of Pakistan.

First of all, there was no atmosphere and time to bring about a constitutional package, he said and added that the lawyer community would throw these constitutional amendments to dustbin as the present parliament, which was production of form 47, has no legitimacy to make such amendments.

He said those considering them as prime minister and president are puppets and production of form 47, and someone else behind them was trying to suspend the Constitution. Hamid said as they had earlier launched movement against General Musharraf, the same would be relaunched for protection of Constitution and independence of judiciary.

In this respect, he said that on Sept 19, a lawyer convention would be held in Lahore on national level and a movement would be launched for independence of judiciary. He asked all bar associations across the country to ensure their participation.

“We will never accept any parallel federal constitutional court, being proposed in the amendments, and we believe that only Supreme Court of Pakistan is the federal court and no other federal court would be allowed to establish,” Hamid Khan said.

He said if the said court was to be established, it would be built on their dead bodies. He demanded the government immediately issue the notification of Justice Mansoor Ali Shah as the next chief justice of Pakistan, as enshrined in the Constitution under Article 175-A.

“I want to convey a message to facilitators of establishment, sitting illegally in Parliament not to undermine the power of lawyers, as the black coats are more powerful in the country,” Hamid Khan said, adding that they were not doing this for their personal interest but in the interest of country, Constitution and independence of judiciary. He said that on October 26, none other than Justice Mansoor Ali Shah would be considered as the chief justice of Pakistan.

Lahore High Court Bar Association (LHCBA) Vice President Rabia Bajwa said “during the Musharraf era, we struggled against the LFO [Legal Framework Order, 2002]”. She appealed to political parties to come out against the mafia.

Supreme Court senior lawyer Muhammad Ikram Chaudhry said any attempt to abolish the judiciary under the Constitution is condemnable. He said in Pakistan, the establishment and other forces were planning to rob the judiciary and the rights of people, adding that the Parliament had come into existence through forgery.

Similarly, Advocate Taufiq Asif said those amendments were being made after their failure to control the Supreme Court. He said lawyers would go to the last extent for protection of Constitution and independence of judiciary, adding that the movement would be bigger than the first movement and lawyers from all over Pakistan were united. Ghulam Mustafa Kandwal, former president of Rawalpindi High Court Bar, rejected the constitutional amendments, saying they would fight against the move.

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