Nawaz, Bilawal discuss tweaks to Constitution

ISLAMABAD: Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari and PMLN President Nawaz Sharif held a telephonic conversation on Sunday and discussed the overall political situation of the country with special focus on the proposed constitutional amendments.

In was the second contact between Bilawal Bhutto Zardari and Nawaz Sharif within three days; they had held a meeting on Thursday and both had telephonic discussion on Sunday.

During the telephonic conversation, Bilawal Bhutto Zardari briefed Nawaz Sharif on the progress made between the PPP and JUIF on the constitutional amendments.

Bilawal and Nawaz Sharif discussed the consensus of political parties on the 26th constitutional amendment.

Meanwhile, Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari said that the 26th constitutional amendment was not being done in haste and it was long overdue. He said Justice Dorab Patel had also proposed the idea of a constitutional court to his colleagues at HRCP, Asma Jahangir and I A Rehman, who agreed with him.

In a post on social media platform ‘X’, he argued on the establishment of the federal constitutional court and provincial constitutional courts. “We never legislate or amend the Constitution at a whim like dictators and judges have so easily done. We work towards our goals for generations,” he wrote on social media platform X.

Bilawal Bhutto Zardari said, “History is inconvenient for those who think Pakistani politics begins with the cricket World Cup and culminates in Imran-General Faiz Inqilab. Our commitment to constitutional evolution, manifesto and Charter of Democracy remains consistent despite the changing faces of prime ministers, justices and establishment.”

The PPP chairman stated that it took 30 years to restore what we could as far as true spirit of 1973 Constitution is concerned through the 18th Amendment. “It has taken us almost 2 decades to get to the point we can undo the damage done by 19th Amendment and PCO CJP Iftikhar Chaudry’s judicialisation of politics.”

Bilawal Bhutto Zardari stated that Justice Dorab Patel was one of the four honorable judges who acquitted Shaheed Zulfikar Ali Bhutto and refused to be party to his judicial murder. “He held that there wasn’t the evidence to convict Quaid-e-Awam, Shaheed Zulfikar Ali Bhutto and he did not consider approver as a reliable witness,” he stated.

He noted that Justice Dorab Patel also said that the trial of Shaheed Bhutto in the High Court in his absence was flawed. “This is something that took the Supreme Court of Pakistan 45 years to recognise,” he wrote.

The PPP chairman said Justice Patel was former chief justice of Sindh High Court, and justice of the Supreme Court of Pakistan and was also the co-founder of the Human Rights Commission of Pakistan and one of the founding members of Asian Human Rights Commission. “Justice Patel refused to take dictator Zia’s PCO oath in 1981, choosing instead to resign. Had he not resigned, he would have become the chief justice of Pakistan,” he stated.

He added that Justice Durab Patel proposed the idea of a constitutional court to his colleagues at the Human Rights Commission of Pakistan and Asma Jahangir and IA Rehman agreed with him.

Meanwhile, PTI’s senior leader and former NA speaker Asad Qaiser wrote in a message on the social media platform ‘X’ that he had a telephonic conversation with Maulana Fazlur Rehman in which the JUIF chief called for providing medical facilities to Imran Khan in jail and giving access to a personal physician to him. Asad Qaiser said that Maulana Fazlur Rehman has appealed to PTI to postpone the protest on October 15 in the context of SCO summit.

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

The PTI leader said that he has assured Maulana Fazlur Rehman that his suggestions will be presented to the party and after consultation, he will be informed about the party’s decision

Earlier, Pakistan Muslim League-Nawaz (PMLN) leader and Federal Minister for Planning, Development and Reform Ahsan Iqbal on Sunday assured the Muttahida Qaumi Movement-Pakistan (MQMP) that they would work on the proposed local government (LG) amendment bill after the approval of much-touted constitutional package by parliament.

The development came a day after a meeting between the MQMP delegation and Prime Minister Shehbaz Sharif, during which the former reportedly linked its support for the constitutional amendments to the empowerment of local government.

The Karachi-based political party’s delegation asked the premier to amend Article 140-A on local bodies, local media reported, citing sources.

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

The government 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 PMLN to begin a consultation process.

In line with the directions of PM Shehbaz, the federal minister visited the MQMP headquarters in Karachi on Sunday to discuss the proposed constitutional tweaks.

Addressing a joint press conference flanked by MQMP Convener Dr Khalid Maqbool Siddiqui, the federal minister said that they discussed the current political situation in the country.

“The MQMP’s leadership has been assisting and guiding us on all the economic issues.”

He said that no democratic party could oppose the constitutional package. “After the constitutional amendment, we will work on the MQMP’s proposed amendment bill involving the local body governments.”

Iqbal said that PMLN and MQMP would work together to provide constitutional protection to the local governments. The federal minister further said that he assured the MQMP of starting work on development projects in the metropolis. “Steps would be taken to recover the MQMP’s missing workers.”

He said they respect the MQMP’s mandate and they were also working on the urban package.

For his part, the MQMP convener said that restoration of Article 140-A was among the top priorities of his party. “We reaffirm our resolve to work together for the prosperity of the country in the current situation and future.”

He added that matters related to Article 140-A, the MQMP’s missing workers and other issues were discussed in the meeting.

Meanwhile, Maulana Fazlur Rehman-led Jamiat Ulema-e-Islam-Fazl (JUIP) has shared its draft of the Constitution (26th Amendment) Bill, 2024 with the media in which it has proposed elimination of all kinds of Riba on state level and all private institutions by January 01, 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 JUIF has proposed substitution of clause (f) which says that the state shall eliminate all kinds of Riba on 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 Houses, a copy shall immediately be forwarded to the Council of Islamic Ideology by 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 JUIF also wanted to add clause 5 in Article 243 on appointment and re-appointment of services chiefs. It says the appointment, re-appointment, extension in service, removal as services chiefs shall be in accordance with 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 JUIF draft also proposes the establishment of a constitutional bench in the Supreme Court having five senior most judges, including the Chief Justice.

It also proposes establishment of 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 with regard to interpretation of law shall be heard and decided by the Constitutional bench of the Supreme Court.

The JUIF draft also proposes to repeal the 19th Amendment and restoration of the 18th Amendment, to the extent of appointment of judges.