Lawyers’ bodies reject amendments for judicial reforms, constitutional court

KARACHI: The All Pakistan Lawyers Convention on Tuesday turned down the government’s proposed constitutional amendments for judicial reforms, saying that the amendments aimed to curtail the powers of the Supreme Court by forming a federal constitutional court.

Lawyers also warned of a nationwide protest movement if the government tried to impose any unconstitutional legislation.

Addressing the convention at Karachi’s city courts, former Supreme Court Bar Association president Munir A Malik said that that present situation is more dangerous than 2007 as at that time it was a reference against one chief justice, but now it is a reference against the entire judiciary.

He said that although there was a need for reforms in the judiciary and the appointment criteria for superior court judges, there would be a setback of two decades of judicial progress if constitutional amendments were introduced in the garb of reforms.

Malik questioned what the credibility of the judiciary’s independence would be if the appointment was made by the executive. He said lawyers are not against any reforms, but they will resist any move that undermines the independence of the judiciary.

He demanded that the parliamentary committee consult with the bar associations and councils prior to presenting the proposed draft to the parliament. He also urged the legal fraternity to wear black armbands while appearing before the courts on October 17.

Former SBCA president Hamid Khan said that if alternate laws are approved, then no one will get justice in the country. He said that if there is any defect in the building, it should be rectified rather demolishing the building.

He said the lawyers will resist any unconstitutional move by the government for undermining the independence of the judiciary.

Former SBCA president Abid S Zuberi said the government is not showing any draft of the proposed legislation, which has created a lot of doubts about the intention of the government. He noted that CJP Qazi Faez Isa also held in his judgment that the basic structure of the constitution could not be changed. Such a proposed amendment, he remarked, would amount to changing the structure of the superior judiciary.

Former SCBA president Ali Ahmed Kurd said the proposed constitutional amendment would mark a stigma on the constitution. He vowed that lawyers would resist any move that would create a parallel judicial system in the country.

Sindh Bar Council Vice Chairman Kashif Hanif termed the present approach of the government as anti-democratic, saying it had created the impression that the proposed constitutional package was not a genuine constitutional reform but merely the outcome of the establishment’s unhappiness with certain verdicts of a “pliant judiciary”.

He said the stated desire to rush this process at all costs has created the clear the impression that it is a piece of person-specific legislation aimed at rewarding one person.

“The lawyers of Pakistan will support any genuine, consultative process of judicial reform but shall not accept any attempt to destroy the independence of the judiciary on the pretext and in the guise of reform,” he said.

Vice President Sindh High Court Bar Association Zubair Abro said political parties supporting these proposed amendments must remember that these amendments would be used against them in future.

Former SHCBA president Salahuddin Ahmed said the constitution of Pakistan was not the property of any politician or judge, but it was an agreement of the citizens with the state. He said lawyers should prepare their unified course of action against the proposed constitutional amendments.

Peshawar High Court Bar Association President Fida Gul was of the view that the establishment of the federal constitutional court could lead to a divided judiciary.

President Lahore High Court Bar Association Asad Manzoor Butt said all lawyer bar associations are on same page and they reject the constitutional amendments for judicial reforms as it they aimed to divide the judiciary and undermine its independence.

Islamabad High Court Bar Association President Riasat Ali Azad said that if the appointment of a judge is made on a political basis, then his court will be a political court. He said the purpose of the constitutional amendment is to shut down the Supreme Court completely.

Balochistan High Court Bar Association President Afzal Harifal said lawyers would continue their struggle until the proposed amendments’ drafts were not shared with the legal fraternity. President Karachi Bar Association Amir Nawaz Warriach said lawyers would not compromise on the increase of age limits of superior court judges and seniority of the SC judges.The convention resolved to resist the proposed amendments and warned of a countrywide protest if the government proceeded with the changes. The legal community made it clear that they would not accept any amendments they deemed unconstitutional or imposed in secrecy.