Lawyers move SHC against proposed amendments, constitutional court

Lawyers of the Sindh High Court on Thursday filed a petition with the high court against proposed constitutional amendments and constitution of a federal constitution court.

Petitioners Ali Tahir and others submitted that they intended to challenge the proposed bill which aimed to alter the constitution by diminishing and redistributing the powers of the apex court and the high courts.

They submitted that the proposed bill is being introduced when the parliament is itself properly constituted, in a blatant violation of the Sunni Ittehad Council case judgment of the SC.

The lawyers said the proposed bill is shrouded in secrecy and driven by malafide and it is nothing but a direct attack on the integrity of the parliament and the Constitution of Pakistan.

They submitted that the proposed amendments not only violate core principles of the constitution but also represent a calculated attempt to erode and dismantle the independence of the judiciary. They said that if the proposed amendments are allowed to pass, they t would subvert the constitution’s carefully crafted structure, undermine the integrity of the judicial system and lead to a fundamental imbalance of power.

They lawyers further stated that the proposed amendments were glaringly person-specific, seeking to embarrass the chief justice of Pakistan, who has categorically said that he does not want any extension, but the government through its action is creating a perception which is politically motivated and fundamentally infringing upon the rights guaranteed by the constitution.

They submitted that the evaluation of high court judges by the members of the legislature or executive constitutes a blatant violation of the principle of separation of powers.

They were of the view that neither the legislature nor the executive possesses the required expertise to assess the judicial performance adequately and such evaluations compromise their impartiality. They stressed that the independence of the judiciary must uphold.

The lawyer said that these proposed amendments will be rushed through the parliament without adequate debate and consultation with critical stakeholders, including the judiciary and the civil society, thereby violating the core tenets of the democratic process. “This lack of due diligence not only undermines the integrity of the legislative framework but also erodes public trust in the system,” they said. They also submitted that the proposed amendments seek to introduce a federal constitutional court endowed with the alarming authority to overrule decisions of the SC and establish a parallel judicial system that would undermine the supremacy of the apex court.

The SHC was requested to declare that the basic structure of the constitution cannot be trampled by the parliament and the SC could not be turned into a court subservient to any other court.