Political hearsay

September 1, 2024

Opposition leaders on the edge over fears of constitutional amendments

Political hearsay


R

umors about the possibility of constitutional amendments to reshape the superior judiciary remained the talk of the capital this week.

Some of the political pundits linked President Asif Zardari’s meeting with Jamiat Ulema-i-Islam chief Maulana Fazl-ur Rehman, with a private member’s bill Noor Alam Khan, a JUI-F member of the National Assembly was about to table. Reports of Nawaz Sharif’s possibly visiting the United Kingdom were also related to the government’s plans for the judiciary.

There was much speculation in the media – print, electronic and digital - about a possible extension in the tenure of the chief justice of Pakistan after some Pakistan Tehreek-i-Insaf leaders criticised the ‘plan’ and vowed to oppose it. The irony of PTI’s apprehensions reflecting reports of its own plan in 2022 to extend the tenure of former chief justice, Umar Atta Bandial, worked out by some of the PTI legal wizards before the government was removed through a no-confidence motion was not lost on the observers.

Sources privy to recent developments say that the chief justice of Pakistan CJP is highly unlikely to accept an extension even if it were offered. However, it is said, if a new constitutional court is set up, he might consider a role in it.

Traditional as well as social media shared unconfirmed reports that the PMLN-led coalition government was working on two proposals to ‘fix’ the superior judiciary. One of these was fix the CJP’s tenure at three years or set the retirement age of SC judges at 67 [a two-year extension beyond the current 65]. The reports claimed that a similar extension in the retirement age of high court judges [from 62 to 64 years] through a constitutional amendment was also under consideration. The purpose, the reports claimed, was to curtail the pensions budget.

It was also said that the government was considering the establishment of a separate forum, besides the Supreme Court, to hear only constitutional matters.

Advisor to the Prime Minister on Political Affairs Rana Sanaullah sought to dispel the impression that the government wanted to extend the CJP’s tenure. He stated also that he believed that Justice Qazi Faez Isa, the incumbent, would never accept an extension even if her were offered one.

Law Minister Azam Nazeer Tarar was next. He reiterated on the floor of the National Assembly that the next CJP would be appointed on the basis of seniority basis, indicating that the most senior Supreme Court judge, Mansoor Ali Shah, would take oath as CJP after the retirement of the Justice Isa in October.

Law Minister Azam Nazeer Tarar reiterated on the floor of the parliament that the next CJP would be appointed on the basis of seniority, indicating that the most senior SC judge Mansoor Ali Shah would take oath as the CJP after the retirement of Justice Isa in October.

Later, in a televised interview, he also said that routine legislation could not overrule/ bypass the constitutional provision on appointment of the CJP [Article 175-A(3)].

Tarar further said that the CJP Isa would retire on October 25, and had “no interest” in an extension. He said Justice Mansoor Ali Shah, the senior most judge, will replace Qazi Faez Isa as CJP.

The categorical statements by government leaders have failed reassure some of the PTI leaders who remain sceptical of the government’s intentions. Opposition leader in the National Assembly, Omar Ayub Khan, has demanded that the government immediately nominate the next chief justice.

The speculations had gained traction after President Zardari and Interior Minister Mohsin Naqvi went calling on Maulana Fazl-ur Rehman at the latter’s residence on August 24. They were reported to have held a detailed discussion on the current political situation. President Zardari was also reported to have gifted a gun to the Maulana on the occasion. There was much speculation soon after including suggestions that the government wanted to assure the Maulana’s support for its constitutional amendments package.

MNA Noor Alam Khan finally rose in the National Assembly on Tuesday to announce that he did indeed intend to table some amendments regarding the judiciary as a private member. Several political analysts were quick to link his statement to the Zardari-Maulana meeting. However, PPP and the JUI-F leaders have been pointing out that the government and its allies lack the two-thirds majority required for a constitutional amendment.

On Wednesday, Noor Alam Khan tabled his bills on dual nationality, the right to vote for persons with dual nationality, the Contempt of Court Ordinance, 2003, and a proposal to increase the strength of benches hearing the review petitions.

A few citizen journalists suggested in their v-logs that Nawaz is leaving the country because the PTI has finally managed to placate the establishment and their leader will soon be a free man.

All such claims are prompted by wishful thinking rather than ground reality. Nawaz Sharif is leaving for the UK to meet his sons and grandchildren and for a routine medical checkup.


The writer is a senior journalist, teacher of journalism, writer and analyst. He tweets at @BukhariMubasher

Political hearsay