Pakistan defers tabling constitutional amendment package as legal fraternity vows to challenge proposals

Pakistan Defense Minister Khawaja Asif addresses on the floor of the National Assembly of Pakistan in Islamabad on May 3, 2023. (@NAofPakistan/X/File)
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Updated 16 September 2024
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Pakistan defers tabling constitutional amendment package as legal fraternity vows to challenge proposals

  • Government was expected to table on Monday constitutional amendments on superior judges’ tenure, process of chief justice’s appointment
  • Prominent jurists describe the amendments as a ‘frontal assault’ on the judicial system that would abolish the trichotomy of power in country

ISLAMABAD: The Pakistani government on Monday postponed the tabling in parliament of a history-making “constitutional amendment package” on judicial reforms as several members of the legal fraternity rejected the proposals and challenged them in the Supreme Court of Pakistan.

The government was expected to table the amendments in the National Assembly and Senate on Monday after it did not do so a day earlier. According to Law Minister Azam Nazir Tarar, the package includes 52 amendments to the constitution, mostly involving minor wording changes.

The proposed amendments are expected to establish a federal constitutional court, raise the retirement age of superior judges by three years, and modify the process for the appointment of chief justice of the Supreme Court of Pakistan.

The matter has raised widespread concerns among opposition parties and independent experts who say the moves are aimed at increasing the government’s power in making key judicial appointments and dealing with the defection of lawmakers during house votes.

The government was initially expected to table the amendments on Sunday, but Defense Minister Khawaja Asif, a senior member of the ruling Pakistan Muslim League-Nawaz (PML-N) party, later said they could not secure the required 224 votes, two-thirds majority, needed to pass the amendments.

“We want and desire complete consensus within the House, so this process will continue, and when all parties agree on this document, this draft will be presented in the House,” Asif said, while speaking in the National Assembly on Monday afternoon.

“We believe that no one will oppose the proposals as we are determined to shape the constitution in line with the agreement in the Charter of Democracy.”

The Charter of Democracy (CoD) was signed between the PML-N and the Pakistan Peoples Party (PPP), two major political parties in Pakistan, on May 14, 2006 in London. The document outlined steps to end the military rule established after the 1999 coup d’état led by late General Pervez Musharraf and to restore democracy in Pakistan.

Asif said the amendments aimed to address “constitutional imbalances” and public representatives would have the right to undo any “intrusions” into parliamentary powers and the constitution.

“A draft has been prepared to address constitutional imbalances, especially those related to parliament, and it is a draft to improve the 19th amendment [on procedure for judicial appointments], and the constitution allows us to do so,” the defense minister said, adding there was no political motivation behind it.

The Pakistan Tehreek-e-Insaf (PTI) opposition party of jailed former premier Imran Khan has criticized the moves and believes that the amendments are meant to grant an extension to incumbent Supreme Court Chief Justice Qazi Faez Isa, who is widely believed to be aligned with the ruling coalition led by PM Shehbaz Sharif and in opposition to its chief rival, the PTI. PTI founder Khan has threatened nationwide protests against the reforms.

Speaking in the National Assembly, a former speaker and Khan aide, Asad Qaiser, strongly condemned the government’s moves and described them as a “mockery” of parliament.

“If you want to bring amendments, definitely bring them but after a proper debate and discussion on it,” he said, adding the government tried to pass amendments in the “dark of the night” and without even briefing its own members on them.

“We will oppose this type of pressure and oppression in the parliament, in the courts, on the road and everywhere.”

Law Minister Tarar said the draft of amendments had not yet been presented before the cabinet, as required under the constitution, and asked opposition parties to come up with positive recommendations, instead of undue criticism.

“A special parliamentary committee has been made, which included members of all political parties, so all are invited to bring suggestions in this regard to the committee,” he said.




Pakistan's Azam Nazeer Tarar (left) is addressing a session of National Assembly in Islamabad, Pakistan on September 16, 2024. (@NAofPakistan/X)

‘SUBSERVIENT' JUDICIARY

Prominent lawyers, including Abid Zuberi, Shafqat Mehmood Chauhan, Shahab Sarki, Ishtiaq Ahmed Khan and Munir Kakar, filed a petition in the Supreme Court on Monday, challenging the proposed amendments to the constitution.

“Through the instant petition the petitioners seek to challenge the vires of the proposed constitutional package,” they stated in the petition. “The proposed bill puts forth proposed amendments to the constitution that would transfer the vested powers of the Supreme Court of Pakistan and the high courts of Pakistan as granted by the constitution to the executive and entirely annihilate the principles of independence of judiciary and suppression of power.”

Munir A Malik, a senior lawyer, said the proposed amendments would abolish the trichotomy of power — executive, legislature and judiciary — under the constitution.

“We will have a judiciary subservient to the executive and this is a frontal assault on the judicial system and the independence of the judiciary,” he told Arab News. “I think every lawyer who believes in the rule of law will stand up against any such step which undermines the independence of judiciary.”

Shaiq Usmani, former chief justice of the Sindh High Court, agreed that there had been a need for a constitutional court, but the proposed amendments were “most ill-timed.

“There is certainly a need for a constitutional court, yes, in a sense because the politicians here are constantly at war with each other and they always run to the Supreme Court to get their disputes resolved. As a result of that, the courts then have to give up commercial and other disputes of ordinary people, while they decide political cases,” he said.

“But this timing was wrong. At this time, when there is complete polarization in the political field, Pakistan is facing tremendous economic problems and so many other issues, so, this was certainly not the time for this sort of a thing. It was most ill-timed and fortunately, because of the fact that they [government] have not been able to get the required majority, it hasn’t been pushed through.”

Sabahat Rizvi, secretary of the Lahore High Court Bar Association, said the government “planned to disturb the unity of the judges” through this constitutional amendment package.

“They want to bring people of their choice, but we have already caused a lot of damage to our country and people through such constitutional amendments,” she told Arab News.

Rizvi said lawyers must unite against any such “attempt to undermine the independence of the judiciary,” irrespective of their political affiliations.

“Although lawyers have been divided due to their political affiliations, I would say that on this issue of national importance, they all should unite and come forward,” she said, promising to support any protest movement for this cause.

Arab News tried reaching the government’s spokesperson on legal affairs, Aqeel Malik, for a comment on the developments, but he did not answer the calls and messages.

AMENDMENTS

The coalition government is proposing that the retirement age of Supreme Court and high court judges be increased by three years from the existing 65 and 62 years, respectively. The current chief justice retires on Oct. 25.

The government is also mulling revising the seniority principle in the appointment of the top judge, the coalition government’s spokesperson on legal affairs Aqeel Malik told media last week. At present, according to Article 175A of the Constitution, the senior most judge of the Supreme Court is appointed as the chief justice on the basis of the principle of seniority, but there are widespread reports that the constitutional amendment envisions a five-member panel comprising top court judges as responsible for appointing the chief justice.

The reform package also includes a proposal to allow the transfers of judges from one high court to another and changes to Article 63-A of the Constitution, which relates to the disqualification of legislators who cross party lines in voting for a constitutional amendment.

The amendments have been proposed after a string of Supreme Court judgments that have ostensibly challenged Sharif’s coalition government, mostly notably a July 12 verdict by a 13-member bench of the Supreme Court that declared the PTI eligible for reserved parliamentary seats.

The verdict dealt a major blow to Sharif’s weak ruling coalition, which may lose its two-thirds majority in Pakistan’s parliament if the verdict is implemented. Sharif’s PML-N party has filed a review petition in the Supreme Court against the verdict.


Cannot allow Islamabad protest, Pakistan interior minister tells ex-PM Khan’s party

Updated 8 sec ago
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Cannot allow Islamabad protest, Pakistan interior minister tells ex-PM Khan’s party

  • Jailed Imran Khan’s party has called for “long march” to Islamabad on Nov. 24 to demand his release
  • Pakistani authorities block roads, seal off motorways ahead of opposition’s Islamabad protest

ISLAMABAD: Pakistan’s Interior Minister Mohsin Naqvi on Saturday discussed the prevailing political situation in the country with former prime minister Imran Khan’s Pakistan Tehreek-e-Insaf (PTI) Chairman Gohar Ali Khan, warning him that the government will not allow the party to stage a protest sit-in or rally in the capital.
Thousands of Khan supporters are expected to arrive in Islamabad on Sunday for a “long march” to the capital. The PTI’s march is primarily aimed at pressurizing the government to end the jailed Khan’s imprisonment, which has lasted for over a year, on what his party contends are politically motivated charges. 
The party also aims to raise its voice against alleged rigging in the Feb. 8 general elections while calling for measures to ensure judicial independence, which it says has been undermined by the 26th constitutional amendment. The government denies this. 
The Islamabad High Court (IHC) on Thursday directed the government to form a committee to hold discussions with the PTI. The court said that if no breakthrough was reached between the two parties, then the government would be responsible for maintaining law and order. It said that in that case, “no protest or rally or for that matter sit-in shall be allowed.”
“Mohsin Naqvi informed Barrister Gohar about the post-Islamabad High Court order situation,” state broadcaster Radio Pakistan reported. “He said we are bound by the high court’s order and cannot permit any procession, sit-in or rally.”
The minister informed the PTI chairman about the engagements of the 80-member high-level delegation accompanying the president of Belarus, who will be in Islamabad from Nov. 24-27. 
“Barrister Gohar said he will inform the Interior Minister about the final response after party consultation,” the state media said. 
MOTORWAYS, MAJOR ARTERIES SEALED
Pakistan’s National Highways and Motorway Police (NHMP) said on Friday that motorways across the country leading to Islamabad have been sealed from various areas to protect people’s lives ahead of the PTI’s planned protest. 
Authorities sealed off major arteries and roads with shipping containers leading to Islamabad from the surrounding Rawalpindi city, including at the Faizabad terminal, and other areas on Friday. 
In a notification released on Friday, the NHMP cited intelligence reports that protesters were planning to disrupt law and order in the capital, adding that they would be armed with sticks and slingshots. 
“To prevent any untoward situation and to protect the lives of the people, motorways have been closed from various locations,” the NHMP said.
“The lives and property of the people will be guaranteed at all costs. Those who take the law into their hands will be dealt with strictly.”
Hours earlier on Friday, the NHMP had shared a notification on social media platform X in which it had said that certain sections of the motorway were closed due to maintenance work. These sections were: M-1 Islamabad to Peshawar, M-2 Islamabad to Lahore, M-3 Lahore to Abdul Hakeem, M-4 Pindi Bhattian to Multan, M-14 Hakla to Yarik and M-11 Lahore to Sialkot. 
As per local media reports, the Metro Bus service between the twin cities of Islamabad and Rawalpindi will be suspended on Nov. 24 while a ban on public gatherings has been imposed in Punjab from Nov. 23-25 ahead of the PTI’s march. 
Earlier this week, Pakistan’s interior ministry had authorized the deployment of paramilitary Punjab Rangers and Frontier Corps troops in Islamabad to maintain law and order.
Pakistan’s parliament also passed a law earlier this year to regulate public gatherings in Islamabad, specifying timings for rallies and designating specific areas. The law prescribes three-year jail terms for participants in illegal assemblies and 10-year imprisonment for repeat offenders.


Cop among two killed in separate IED blasts in northwestern Pakistan

Updated 23 November 2024
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Cop among two killed in separate IED blasts in northwestern Pakistan

  • No group has so far claimed responsibility for blasts which took place in Bajaur tribal district
  • Seventy-five police personnel have been killed, 113 injured in militant attacks in KP this year

PESHAWAR: A police constable and a civilian were killed in separate Improvised Explosive Device (IED) blasts in northwestern Pakistan on Saturday, police said, as Islamabad struggles to contain surging militancy in its Khyber Pakhtunkhwa (KP) province.
The IED blasts took place in the northwestern Bajaur tribal district on Saturday morning, killing one cop and a civilian.
As per official data, 75 police personnel have been killed and 113 injured in militant attacks and targeted assassinations in KP province this year.
“Both blasts were reported in the premises of Loi Mamund police station earlier today,” Bajaur Police spokesperson Muhammad Israr told Arab News.
No group has claimed responsibility for the blasts so far.
“An IED was placed in front of the policeman’s house which detonated when he was leaving home for duty at around 9:30 am in Mena village of Loi Mamund,” Israr added.
He said the other blast took place around 8:00 am in Irab village, also located within the vicinity of Loi Mamund police station, in which one person was killed.
Israr said police have started investigating both incidents.
Pakistan blames the surge in militancy in KP province, which borders Afghanistan, on the Pakistani Taliban militants that it alleges have found safe havens in Afghanistan.
Kabul denies the allegations and urges Pakistan to resolve its security challenges on its own. Relations between the two countries have deteriorated since November 2022 when a fragile truce between the Pakistani state and the Pakistani Taliban broke down.


Mourners in Pakistan’s Kurram district demand inquiry after sectarian clashes kill 41

Updated 23 November 2024
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Mourners in Pakistan’s Kurram district demand inquiry after sectarian clashes kill 41

  • Gunmen opened fire on vehicles carrying 41 members of Shiite community in Kurram district on Thursday
  • Authorities impose curfew, suspend mobile phone services in district long plagued by sectarian clashes

ISLAMABAD: Mourners in northwestern Pakistan’s Kurram district on Saturday demanded the government hold a transparent inquiry into sectarian clashes that killed 41 people this week, as fear grips the restive area days after the attack. 
Authorities imposed a curfew and suspended mobile phone services in Kurram district after 41 people were killed on Thursday when gunmen opened fire on vehicles carrying members of the minority Shiite community. 
The assault, one of the deadliest such attacks in recent years in the area, took place in the district where sectarian clashes have killed dozens of people in recent months. 
“A transparent inquiry of this incident should be carried out,” Hayat Abbas Najafi, one of the mourners, told Reuters at one of the district’s main towns Parachinar during a funeral ceremony. 
“We call on the government as well as security institutions that Parchinar, which is a great part of Pakistan, should be saved from sectarianism and should be provided safety and security.”
No one immediately claimed responsibility for the attack, which came a week after authorities reopened a key highway in the region that had been closed for weeks following deadly clashes.
Previous clashes in July and September killed dozens of people and ended only after a tribal council called for a ceasefire.
Sajjad Hussain, another mourner, said among those killed were infants as young as six months old and women.
“They were innocent passengers. What was their fault,” he asked. 
Shop owners in Parachinar announced a three-day strike on Friday to protest the attack while locals described an atmosphere of fear across the district following the incident. 
Interior Minister Mohsin Naqvi called the shootings a “terrorist attack.” Prime Minister Shehbaz Sharif and President Asif Ali Zardari condemned the attack, and Sharif said those behind the killing of innocent civilians will not go unpunished.
Shiite Muslims make up about 15 percent of the 240 million population of Sunni-majority Pakistan.
With inputs from Reuters


UAE promotes Arab culture and cuisine at three-day festival in Karachi 

Updated 23 November 2024
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UAE promotes Arab culture and cuisine at three-day festival in Karachi 

  • UAE consulate in Karachi kicks off celebrations ahead of nation’s National Day 
  • UAE is one of Pakistan’s largest trading partners and major source of remittances

KARACHI: The United Arab Emirates (UAE) Consul General in Karachi this week paid a visit to promote several stalls selling Arab cuisine and highlighting Arab culture at a three-day festival in Pakistan’s southern port city of Karachi, ahead of the Gulf nation’s National Day. 
Sindh’s Culture Minister Syed Zulfiqar Ali Shah inaugurated the three-day Sindh Craft Festival on Friday which showcases traditional shawls, quilts, handlooms, and caps made by artists from all over Sindh at Karachi’s famous Port Grand entertainment hub. 
UAE Consul General Dr. Bakheet Ateeq Al Rumaithi visited the festival on Friday to highlight Arab cuisine and review stalls promoting Arab culture at the festival. The UAE consulate is gearing up for celebrations to mark the nation’s 53rd National Day on Dec. 2.
“Various stalls have been set up at Port Grand keeping in mind Arab culture,” the UAE Consulate in Karachi said in a statement on Friday. 

Sindh’s Culture Minister Syed Zulfiqar Ali Shah (2L) inaugurates three-day Sindh Craft Festival during an event to mark the UAE’s 53rd National Day in Karachi on November 22, 2024. (Photo courtesy: UAE Consulate Karachi)

Al Rumaithi noted that women, children and the elderly were all taking part in the three-day cultural festival. 
“We have a centuries-old relationship with Pakistan which is strengthening,” he observed. 

UAE Consul General Dr. Bakheet Ateeq Al Rumaithi (5R) cuts the cake to celebrate the UAE’s 53rd National Day in Karachi on November 22, 2024. (Photo courtesy: UAE Consulate Karachi)

The UAE is one of Pakistan’s largest trading partners and a major source of foreign investment, valued at over $10 billion in the last 20 years, according to the UAE ministry of foreign affairs. The UAE-Pakistan trade volume rose to $7.9 billion in 2023, up 12 percent from 2022. 
In May this year, Prime Minister Shehbaz Sharif said the Emirates had committed $10 billion to invest in promising economic sectors in Pakistan. The Pakistan Business Council (PBC), set up this September at the Sharjah Chamber of Commerce and Industry, also aims to increase Pakistan’s bilateral trade volume with the UAE to $40 billion in three years.
The UAE is also home to more than a million Pakistani expatriates and the second-largest source of remittances to Pakistan after Saudi Arabia.


T20 Blind Cricket World Cup kicks off in Pakistan today sans India’s participation

Updated 23 November 2024
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T20 Blind Cricket World Cup kicks off in Pakistan today sans India’s participation

  • Pakistan’s blind cricket team to take on South Africa in Lahore today
  • India failed to secure clearance from government to travel to Pakistan

ISLAMABAD: The fourth T20 Blind Cricket World Cup will kick off today, Saturday, with Pakistan set to face South Africa in the eastern city of Lahore, state-run media reported days after India pulled out of the tournament.
The T20 Blind Cricket World Cup is scheduled to be held in Pakistan from Nov. 23-Dec. 3. As per Radio Pakistan, the tournament will feature blind cricket teams from Pakistan, Sri Lanka, Bangladesh, South Africa, Nepal and Afghanistan.  
“In the Fourth edition of the Blind Cricket T20 World Cup, the opening match will be played between South Africa and Pakistan in Lahore today,” Radio Pakistan said. 
India was also scheduled to take part in the tournament but the Cricket Association for the Blind in India (CABI) announced on Wednesday that its blind cricket team was withdrawing from the event, citing its failure to secure clearance from New Delhi to travel to Pakistan. 
Political tensions between nuclear-armed neighbors India and Pakistan have restricted cultural exchanges and bilateral sports events between the two nations.
Both countries have fought three wars, two of them over the Muslim-majority Himalayan region of Kashmir, which they both claim in full but rule in part.
India withdrew its blind cricket team from the tournament with a little over three months left before the start of the 2025 Champions Trophy, which is also set to be held in Pakistan in February/March next year. The Board of Control for Cricket in India (BCCI) informed the International Cricket Council (ICC) this month that India will not travel to Pakistan for the tournament.
The ICC informed the PCB of the BCCI’s decision, following which Pakistan demanded an explanation from the cricket governing body. Pakistan has repeatedly insisted it will not agree for the tournament to be shifted to another country and has insisted India travel to Pakistan for the Champions Trophy.
Pakistan hosted last year’s Asia Cup but all of India’s games were played in Sri Lanka under a “hybrid” hosting model for the tournament. Several months later, Pakistan traveled to India for the 50-over World Cup.