Extension in SC judges’ retirement age likely to be part of judicial reforms: Constitutional amendment bill in NA today, says minister

ISLAMABAD: Amid a storm of rumours overtaking the social media about the tabling of a set of judicial reforms by the government to extend the retirement age of the superior court judges, Minister for Defence Khawaja Muhammad Asif Friday confirmed that the government would table a constitutional amendment in the National Assembly on Saturday (today).

“Yes, a constitutional amendment would be tabled in the National Assembly tomorrow,” he said while responding to a question asked by a reporter in the corridors of the Parliament House.

However, he was tight-lipped about the nature of the legislation the government was going to introduce in the lower house of the parliament.

Asked whether the government had secured the required strength for passage of the amendment, the minister said, “Yes, we have got the number required to pass the constitutional amendment.”

The government, presently, is represented by a total of 213 MNAs in the National Assembly including 111 MNAs from PMLN, 68 from Pakistan People’s, 22 from the Muttahida Qaumi Movement, six from the Pakistan Muslim League, four from the Istehkam Pakistan Party (IPP), one from PML-Zia, and one each from the Balochistan Awami Party and National Party.

When a journalist queried Minister for Law Azam Nazeer Tarar whether the government would table any constitutional amendment, he said, “No. You know better than me.”

Presently, the minister said, the government was dealing with the issue of detained opposition MNAs whose production orders had also been issued.

He said Interior Minister Mohsin Naqvi had also been asked to attend the session.

“The production orders for sittings will remain there if the National Assembly session continues,” he said.

Meanwhile, the National Assembly Secretariat has issued a five-point order of the day for Saturday (September 14) which does not mention the tabling of any constitutional amendment or any legislative business.

The order of the day includes the question hour, two calling attention notices, points of orders and a debate on President Asif Ali Zardari’s address to the joint sitting of the Parliament.

In a related development, the government’s spokesperson on legal affairs Barrister Aqeel Malik says, “Three to four options are [under consideration], including the seniority principle in appointment of top judge.”

Speaking in Geo News programme ‘Naya Pakistan’, he confirmed that the draft on “law reform or legal reform” would not be person-specific, adding that the government was introducing the judicial reforms with “good intentions”.

“Even [JUI-F chief] Maulana Fazlur Rehman also said only seniority should not be considered for CJP’s appointment,” the spokesperson said while referring to the JUI-F chief’s Thursday’s National Assembly speech wherein he opposed the idea of extending the tenure of the top government functionaries.

Responding to a question, Malik confirmed that a proposal seeking to extend the retirement age of superior courts’ judges was also under consideration, which he said, would not be person-specific and would apply to all judges. “The legislation, if presented, would not violate anyone’s fundamental rights.”

However, the spokesperson said the government had not finalised any option to table in parliament concerning the judicial reforms.

“We have the required number for presenting the bill in the lower house,” he said, pointing out that the Supreme Court had declared 41 lawmakers as “independents” in its recent judgement.

“The opposition will note whoever gives their vote.”

Contrary to the government’s efforts to get the judicial package sail through both the houses of the parliament, Pakistan People’s Party (PPP) Chairman Bilawal Bhutto Zardari said the decision to extend the tenure of the Chief Justice of Pakistan (CJP) could not be taken by an individual.

Bilawal Bhutto said consensus on an issue like amendments related to judges was a challenge for any parliament.

He said the decision to extend the tenure of the chief justice could not be taken by any individual.

“A big forum has been formed where this decision can be taken; the PPP’s stand on it is in accordance with the party’s manifesto,” he said.

Bilawal said the process of appointment in the judiciary was of the judiciary, for the judiciary, by the judiciary.

“I would not like to bring any unilateral change in it. I think it is very important to change this process.”

Bilawal said whatever decisions were taken, they will get as much power as they could with consensus.

The PPP chairman said Shaheed Bhutto had now got justice adding his third generation had to wait that the judges would give justice, what could be the hope of the common Pakistani.

He said the PPP government had implemented 90 percent of the Charter of Democracy (CoD), also gave suggestions for the judiciary in the CoD. It is part of the manifesto of the party to strengthen the judiciary so that the burden of cases was removed and the common man got speedy justice.

He said only talks were going on in the committee about the constitutional amendment.

“Today, the PPP’s position in the committee was that we want to re-establish the spirit of democracy; we would like to participate in this process in a positive way.”

Bilawal Bhutto said the purpose of being in politics was not to stay in the government.

“If we are in the government and cannot solve the problems, then we should not be in the government,” said the PPP chairman.

Bilawal said the parliament should play an active role, legislate and provide relief to the people adding, “When we reach here or the common man watches on TV, he sees that the system is not working.”

“If we are in the opposition, then there is one stance on the NAB, and if we come into the government, then there is another stance. If corruption has to be fought, then the system of NAB reforms will have to be followed.”

He further said an independent responsible journalism was necessary.

“If the elected representatives abuse the media in public meetings, then what to expect from them? There should also be a standard of media that every lie does not work, if any wrong news is printed, then it should be clarified.”

JUIF chief Fazlur Rehman reiterated his party’s opposition to any move aimed at giving extensions in the judiciary or any other institution.

“We have made a very clear stance with regard to the constitutional amendment yesterday,” he said while chatting with newsmen at the Parliament House.

However, he told a questioner that his party would consider supporting any constitutional package if it conformed to their proposal for reforms.

“Giving extensions whether it is in judiciary, armed forces or bureaucracy will be a wrong move,” Fazl said while speaking in the National Assembly on Thursday.

Fazl, however, while noting that there were 60,000 cases pending with the Supreme Court, proposed judicial reforms for early dispensation of justice to the people.

“There should be a separate court to look into the cases concerning the constitutional matters so that the cases concerning the common man were not delayed,” he said.

Meanwhile, the Balochistan National Party Mengal (BNP-M) has decided to oppose the constitutional amendment.

Sources said the BNP-M had directed its party parliamentarians to oppose any government and private constitutional amendment bill.

Chairman PTI Barrister Gohar Ali Khan Friday said he’d urged the chief justice of Pakistan to decline whosoever offered him extension to set a trend.

“All judges are respectable for us; we don’t question anyone’s integrity, but we have to set a trend regarding the extension. I have also asked Chief Justice Qazi Faez Isa not to take extension,” he said while talking to journalists outside the Parliament House.

“You start with the judiciary whether or not anyone says no, but you should set a trend. We expect from you to make an announcement on this today,” he maintained.

“You will not take extension whether it is in the form of extension in the term or otherwise,” he said.

Meanwhile, PTI leader Salman Akram Raja said, “The constitutional reforms aim at extending the tenure of one favoured judge.”

He remarked that no one, including CJP Isa, should accept the amendment, adding that appointing a “blue-eyed” one among the five judges would destroy the institution.

“They are making attempts to subdue the Supreme Court in every possible way.”

Praising Fazlur Rehman for his commitment to upholding democratic values, he said the veteran politician knows “why such things are being carried out”.

Responding to a question related to government’s claim about having acquired the required number of legislators, he said, “The government would complete the numbers only through coercion. Our lawmakers were picked up immediately after the SC’s July 12 verdict,” he added.

Separately, at a PTI news conference, journalists protested the statement of KP Chief Minister Ali Amin Gandapur and removed mics from the stage.

PTI leader Salman Akram Raja said the (Gandapur) conversation about journalists was unnecessary, as it has nothing to do with our politics. Likewise, Leader of the Opposition Omar Ayub also unconditionally apologized for Ali Amin Gandapur’s remarks. The PTI leaders got up without holding a news conference due to the protest.