Govt, JUI-F close to consensus on judicial package: Fazlur Rehman

After weeks-long negotiations and multiple sittings, Jamiat Ulema-e-Pakistan-Fazl (JUI-F) chief Maulana Fazlur Rehman — considered the last man standing in the way of the much-touted constitutional amendments — on Monday hinted at closing in on a consensus with the ruling Pakistan Muslim League-Nawaz (PML-N) over the proposed 26th constitutional amendment.

The constitutional package, among other things, aims to set up a federal constitutional court and fix the tenure of the Chief Justice of Pakistan (CJP) for three years.

The government had attempted to present the bill to amend the Constitution last month, but its allies as well as members from the opposition benches vehemently opposed the proposal, forcing the ruling party to begin a consultation process.

During his interaction with journalists in Tando Allahyar, Fazl, who had been an ally of the ruling coalition, said that the government was ready to remove the contentious points from the proposed draft of the constitutional amendment bill.

“We had rejected the government’s [initial] draft [about constitutional tweaks],” he said, adding, “The things we rejected have been withdrawn.” The JUI-F leader was of the view that the government’s proposed amendments would weaken the judiciary and undermine human rights.

After fresh changes, both the parties are now near to reach a consensus, he added.

“We are not in the assembly to pass a law against the interest of the people,” said the JUI-F leader.

Stressing the need for national consensus over the matter, Fazl said he would hold meetings with PPP chairman Bilawal Bhutto-Zardari, PML-N President Nawaz Sharif, and the leadership of PTI.

"Why is the government in such a hurry?" said the JUI-F leader, citing that the 18th Amendment took nine months to pass the parliament.

Responding to a question, the JUI-F chief urged the PTI to defer its protest until the conclusion of the forthcoming Shanghai Cooperation Organisation (SCO) summit, scheduled for October 15 and 16.

JUI-F proposals

Meanwhile, Maulana Fazl has shared his party’s draft of the Constitution (26th Amendment) Bill, 2024 with the media wherein the JUI-F has proposed the elimination of all kinds of Riba on the state level and in all private institutions by January 1, 2028.

The draft of the constitutional amendment also contained proposed amendments on the establishment of constitutional benches in the Supreme Court and high courts and re-appointment and extension in services of services chiefs.

For amendment in Article 38 of the Constitution, the JUI-F has proposed substitution of clause (f) which says that the state shall eliminate all kinds of Riba on the state level and in all private institutions by January 1, 2028 and shall introduce the Islamic Monetary System free from all kinds of Riba.

As per addition in Article 70 (1) of the Constitution, it has been proposed that on laying a bill in either of the Houses, a copy shall immediately be forwarded to the Council of Islamic Ideology by the secretariat of that House for consideration and opinion.

Similarly, as per an amendment in Article 115, a bill presented to the provincial assembly, not the money bill, the same shall be sent to the Council of Islamic Ideology for consideration and opinion.

The JUI-F also wanted to add clause 5 in Article 243 on the appointment and re-appointment of service chiefs. It says the appointment, re-appointment, extension in service, or removal as services chiefs shall be by the laws relating to armed forces but once appointed then the re-appointment, or an extension in service is made, the same shall not be altered unless such question is placed before special committee of the both the houses.

The JUI-F draft also proposed the establishment of a constitutional bench in the Supreme Court having five senior-most judges, including the chief justice.

It also proposed the establishment of the constitutional bench in each high court having three senior-most judges, including the chief justice.

The matters decided by the constitutional benches of the high courts relating to disputes about the interpretation of law shall be heard and decided by the Constitutional bench of the apex court.

The JUI-F draft also proposed to repeal the 19th Amendment and restoration of the 18th Amendment, to the extent of appointment of judges.

Nawaz, Bilawal discuss constitutional tweaks

Earlier today, the PML-N president and the PPP chairman, over the phone, contemplated the current political situation particularly the efforts around proposed constitutional amendments.

The two leaders have established contact twice in three days; once they held a meeting on Thursday and then talked over the telephone on Sunday.

Bilawal briefed Nawaz on the progress made between the JUI-F and PPP on the constitutional tweaks. Consensus on the 26th constitutional amendment among the political parties also came under discussion in a conversation between the two leaders.

On the other hand, Pakistan Tehreek-e-Insaf (PTI)’s senior leader and former National Assembly speaker Asad Qaiser talked with JUI-F chief Maulana Fazlur Rehman over the phone.

In a post on ‘X’, Qaiser said Fazl supported the PTI’s demand to provide medical facilities to former prime minister Imran Khan in jail and give him access to a personal physician.

The PTI leader said the JUI-F chief had requested the PTI to defer the demonstration on October 15 owing to the SCO summit.

“There is a harmony between the two parties on most points of the constitutional amendment draft of JUI-F, and a meeting of the two parties will be held on October 17 for further consideration of the draft,” he noted.

The former NA speaker said that he had assured the JUI-F supremo that his suggestions would be put before his party leaders and then they would be informed about the party’s decision.