Former law clerks urge SC judges to protect Constitution

ISLAMABAD: Former law clerks have appealed to judges of the apex court to convene a Full Court to hear and resolve the pending challenges to the Supreme Court (Practice and Procedure) Act Amendment Ordinance 2024.

In an open letter to the Supreme Court judges, particularly those serving on the committee constituted under the Supreme Court (Practice and Procedure) Amendment Ordinance 2024, some 50 former SC clerks appealed to them to uphold the principles of judicial collegiality and consultation, the separation of powers, and the independence of the judiciary while safeguarding the sanctity of the apex court

The 50 law clerks, including Sarwar Muzzafar, Jugnoo Kazmi, Mirza Moiz Baig, Aimen Taimur, Aitzaz Asher, Aleena Khurram Khan, Ali Hussain Gilani, Attiq Shah Kakakhel, begun with the remarks of Chief Justice Qazi Faez Isa: “If the people lose their trust in the judiciary, it will render decisions made by it mere words on paper, without credibility and moral authority.”

The former law clerks said they were writing to the judges with the deepest sense of concern and respect in relation to the unprecedented attacks that strike at the very heart of the Constitution and the independence of the judiciary.

They submitted that although the proposed constitutional amendment has yet to be passed, they hoped that when the time comes, all judges will stand resolute – mindful of their solemn duty to protect the Constitution and guard against its subversion.

They submitted that “what they have witnessed in the preceding weeks is a brazen onslaught on the superior judiciary; one seemingly intended to systematically disempower it, adding that this attack comes in all shapes and forms, ranging from the Election Commission of Pakistan flagrantly defying/ delaying compliance with orders and directions of the superior courts; to the hasty enactment and implementation of the Supreme Court (Practice & Procedure) Amendment Ordinance 2024; and, perhaps most concerning of all, the proposed constitutional amendment, the contents of which remain concealed from the very people it is meant to govern.

They further submitted that these recent actions are a clear attempt to weaken the trichotomy of powers and defeat the spirit of the Constitution, adding that these actions do not, in any way, manner or form, serve the cause of justice.

“An independent judiciary is the bedrock of a functioning democracy, without which the entire constitutional edifice crumbles,” the former law clerks wrote, adding that under the guise of progress and reform, they seek to compromise the ability of the judiciary to protect us in the face of executive, legislative and military overreach. Such subversion should not be allowed by those who have sworn to protect, preserve and defend the Constitution and its basic structure.

“As recently as 2023, we witnessed the enactment of the Supreme Court (Practice & Procedure) Act 2023 which was endorsed by a Full Court, holding that the Act furthers judicial independence and ensures balance between the judges of the Supreme Court,” they further wrote

They submitted that the amendment ordinance seeks to undo what was accomplished through the Act, reverting the Supreme Court to its previous state: one which provided the chief justice primacy over the composition of judicial benches and, often, the outcome of cases.

“This long-standing order was recognised as untenable by a majority of this Court in the aforesaid matter, with many having earlier protested the failure to promptly constitute a Full Court,” they wrote, adding that the Supreme Court of today must deal with the pending challenges to the amendment ordinance, and any similar challenge, in a like manner and with the same urgency.