HRCP expresses reservations over impact of judicial reforms

After modified laws came into effect following the passage of the 26th Constitutional Amendment a day ago, the Human Rights Commission of Pakistan (HRCP) expressed concerns over certain aspects of the judicial reforms.

Although the amendments are more tempered than those proposed in earlier drafts, the human rights watchdog expressed fear that the law will erode judicial independence has not been allayed, HRCP Chairman Ahsan Iqbal Butt said in a statement on Tuesday.

"First, the manner in which constitutional benches are to be established, as well as their composition, raise serious concerns that, in practice, the credibility of these benches may be compromised by direct political influence," he added.

Second, the composition of the Special Parliamentary Committee that will nominate the chief justice of Pakistan (comprising members of the Senate and National Assembly according to their parties' proportional representation) "gives the government of the day a dangerous advantage, potentially subjugating the judiciary in contravention of Pakistan's obligations under Article 14 of the ICCPR", it said.

It read that the HRCP does not object to the amendment to Article 184(3) under which constitutional benches cannot exercise suo moto jurisdiction.

The watchdog also acknowledged that Article 9A, which makes the right to a clean, healthy and sustainable environment a fundamental right, was a significant and long-overdue amendment, which the government must implement urgently.

The HRCP showed deep concerns about the opposition's allegations of coercion with respect to supporting the passage of the Act.

"These are extremely serious and must weigh on the conscience of those who proposed the Act. Such allegations must not be dismissed out of hand," Butt said.

The human rights watchdog reiterated that the absence of careful and sustained public debate on a single, official version of the bill — which any constitutional amendment warrants — also raised questions as to the legitimacy of its intent.