ISLAMABAD: The top leader of a leading Pakistani religio-political party said on Friday his party was suggested the government to undertake judicial reforms instead of presenting an elaborate constitutional amendment package after the ruling coalition of Prime Minister Shehbaz Sharif sought support in parliament.
The government wanted to table the package in parliament during the last session that reportedly carried about 52 constitutional amendments but postponed the idea since it lacked the numbers to meet the required two-third majority.
The amendments proposed to increase the retirement age of superior judges by three years and revisit the seniority principle in the appointment of the country’s top judge.
The opposition Pakistan Tehreek-e-Insaf (PTI) party of former premier Imran Khan criticized the package, saying it is meant to grant an extension to incumbent Supreme Court Chief Justice Qazi Faez Isa, widely believed to be aligned with the ruling coalition and in opposition to its chief rival, the PTI.
“Our stance was that instead of amending the constitution with individuals in mind, why not focus on judicial reforms,” Maulana Fazlur Rehman of the Jamiat-e-Ulama-e-Islam (JUI-F) party said while addressing a televised news conference in Multan.
He said that his party sought a draft of the constitutional amendment package from the government, saying the government was initially not willing to share it with them, but when it managed to get hold of a copy, it reflected a lack of preparation.
“When we received the copy and our lawyers reviewed it, we were deeply saddened,” he said. “The constitution, which protects the fundamental rights of every citizen, had been altered. The scope of human rights was limited, while the role of the military was expanded.”
“The chapter on fundamental human rights in the constitution had been restricted,” he continued. “Additionally, matters relating to the appointment and transfer of judges, even in the high courts, were alarming. If a judge is not trusted or cannot deliver a favorable decision, they could be immediately transferred, or the case could be reassigned to another judge.”
Rehman said his party proposed the idea of a Federal Constitutional Court during the negotiations since it was included in the 2006 Charter of Democracy signed by former premiers Benazir Bhutto and Nawaz Sharif in London.
He noted it was also because of the backlog of approximately 60,000 cases pending in the Supreme Court, while across the country, from lower to higher courts, 2.4 million cases are pending.
“Generations suffer due to these delayed cases,” he maintained. “A constitutional court would handle political and constitutional matters between the government and institutions, allowing public cases to proceed swiftly, ensuring timely justice.”
Rehman said the draft was provided to the party when the government did not have enough support in parliament to push the constitutional amendments through, adding the JUI-F clearly said it was not satisfied and would not vote in favor of it.
He pointed out it was parliament’s role to legislate and amend the constitution, but if the balance of power between institutions was disrupted, it could destroy the whole system.
“Every institution has its own jurisdiction, as defined by the constitution,” he continued. “If every institution remains within its limits, it can perform its role smoothly. Otherwise, if one institution tries to overpower another, the country weakens.”
