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Wednesday September 18, 2024

PTI calls proposed amendments to extend judges' tenure an 'ambush on SC'

"Legislation would tarnish judiciary's reputation and compromise judicial system", alleges Barrister Gohar

By Haider Sherazi & Sidra Hassan
September 15, 2024
PTI Chairman Barrister Gohar Ali Khan (right) and KP government spokesman Barrister Muhammad Ali Saif. — AFP/Screengrab/X/@BaristerDrSaif
PTI Chairman Barrister Gohar Ali Khan (right) and KP government spokesman Barrister Muhammad Ali Saif. — AFP/Screengrab/X/@BaristerDrSaif

ISLAMABAD: Registering strong opposition to the government's judiciary-centric constitutional amendment to increase judges' tenure and their retirement age, the Pakistan Tehreek-e-Insaf (PTI) on Sunday rejected the new legislation and termed it an "ambush on the Supreme Court".

The government, determined to press ahead with legislation affecting the superior judiciary, is scrambling to court members from various political parties.

The proposed amendments aim to increase the retirement age of superior judges by three years, sparking controversy and a political tug-of-war between the government and the opposition.

Currently, Article 179 of the Constitution states that a Supreme Court judge shall hold office until the age of 65, while Article 195 sets the retirement age for high court judges at 62.

Speaking on Geo News programme Naya Pakistan on Friday, the government's legal affairs spokesperson, Barrister Aqeel Malik, confirmed that the government is also considering revising the seniority principle in the appointment of the top judge.

Currently, Article 175A of the Constitution mandates that the senior-most judge of the Supreme Court be appointed as the Chief Justice of Pakistan (CJP) based on seniority.

Well-placed sources informed Geo News on Saturday that the government, through the proposed constitutional amendment, plans to establish a constitutional court and amend Article 63-A, which addresses the defection of lawmakers.

Deputy Prime Minister Ishaq Dar echoed similar sentiments in the upper house of parliament, stating that the 'Constitutional Bill' aligned with the provisions of the Charter of Democracy (COD), endorsed by all political parties, including Pakistan Tehreek-e-Insaf (PTI).

Speaking to Geo News, PTI Chairman Barrister Gohar Khan stressed that such significant changes in the constitution should only be legislated in the nation’s and country's best interest, rather than for personal gains. However, he warned the government against "touching" the Supreme Court.

When asked about his meeting with Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman, Gohar acknowledged that "offers" were part of politics but clarified that the PTI had not made one.

"I believe Maulana has taken a principled stance [on this matter], and he is sticking to it. Judges should not be granted extensions, nor should their [retirement] age be increased," he said.

The PTI chairman warned that if passed, the legislation would tarnish the judiciary’s reputation and compromise the judicial system.

On the other hand, Advisor to the Khyber Pakhtunkhwa Chief Minister on Information, Barrister Muhammad Ali Saif, called the constitutional amendment nothing short of treason, describing it as an ambush on the Supreme Court.

He further criticised the 'phoney' government for attempting to introduce a notorious amendment to the Constitution.

The KP CM’s advisor also picked apart the Pakistan People's Party (PPP) for being in cahoots with the government on the legislation. “Bilawal Bhutto, the grandson of the constitution's founder, Zulfikar Bhutto, is spearheading the amendments,” he said. Saif further claimed that the coalition government was running from pillar to post to secure the “magic number.”

Separately, speaking to the media, PTI chief Gohar said such unconstitutional amendments should not be passed by the parliament. Condemning the lack of transparency, Gohar said that the content of the legislation had not yet been revealed. “We haven't even studied it. Is this amendment meant to target the judiciary?” he questioned.

“A government born in the dead of night does everything in the dark of night.”

Referring to discussions with the JUI-F chief, Gohar expressed hope that the politico would continue to stand for the judiciary, describing him as a “shrewd politician.” He reaffirmed the PTI parliamentarians' full support for the party's stance.