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.


Seven killed in Pakistan’s northwest as militant’s car bomb explodes accidentally

Updated 5 sec ago
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Seven killed in Pakistan’s northwest as militant’s car bomb explodes accidentally

  • The explosion took place in Mir Ali where a militant was fitting a bomb in a car at his residence
  • Blast damaged several nearby homes and wounded 14 people, with some in critical condition

PESHAWAR: A powerful car bomb accidentally detonated at the house of a Pakistani Taliban militant in northwestern Pakistan on Thursday, killing at least two children and five suspected militants, police said.
The explosion took place before dawn in the city of Mir Ali in Khyber Pakhtunkhwa province when a man identified a local commander of the militants, Rasool Jan, was fitting a bomb in a car at his house, police official Irfan Khan said.
He said other militants from the Pakistani Taliban group quickly arrived at the scene and removed the bodies of the insurgents who died. Authorities later found the bodies of two children in the rubble of the house, which collapsed in the explosion.
The blast also badly damaged several nearby homes and wounded 14 people, including women. Some of the injured were in critical condition in a hospital, Khan said, but he did not provide details.
The Pakistani Taliban and other insurgents in the region often target security forces with assault rifles, rockets, grenades and suicide car bombings, and Khan said it appeared the car bomb was being prepared for such an attack.
The Pakistani Taliban, known as Tehreek-e-Taliban Pakistan, are separate from the Afghan Taliban but have been emboldened by the group’s takeover of Afghanistan in 2021.
Also Thursday, security forces raided a hideout of insurgents in Harnai, a district in restive southwestern Balochistan province, triggering an intense shootout in which a soldier and three insurgents were killed. During the operation, an army major was killed when a roadside bomb exploded near his vehicle, the military said in a statement.
Pakistan’s President Asif Ali Zardari and Prime Minister Shehbaz Sharif paid tribute to whom they called the “martyred soldiers” in separate statements. They said the fight against terrorism will continue until the elimination of all insurgents.
 


Pakistan, Russia call for regional collaboration on Afghanistan amid shared security concerns

Updated 37 min 10 sec ago
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Pakistan, Russia call for regional collaboration on Afghanistan amid shared security concerns

  • The call comes as Moscow’s special representative for Afghanistan visits Pakistan for a day
  • Despite security issues, Afghanistan’s neighboring states view its stability as vital for progress

ISLAMABAD: Pakistan and Russia on Thursday called for greater collaboration among regional states to address the situation in Afghanistan, amid shared concerns over militant violence emanating from the war-torn country.
The call came during a visit by Moscow’s special representative for Afghanistan, Ambassador Zamir Kabulov, who met with Pakistan’s foreign secretary, Amna Baloch, and held detailed discussions with the additional secretary, Ahmad Naseem Warraich, at the Ministry of Foreign Affairs in Islamabad.
“The two sides exchanged views on relations with Afghanistan and called for enhanced coordination among regional countries for a peaceful and prosperous Afghanistan,” the foreign office said. “The two sides agreed to remain engaged toward this end.”
The talks come as both nations grapple with security threats linked to Afghanistan. Russia has voiced alarm over Daesh and its attacks, including a concert bombing in Moscow earlier this year that was linked to militants with ties to Afghanistan.
While the Afghan Taliban and Daesh are sworn enemies, Pakistan accuses the Afghan administration of facilitating the Tehreek-e-Taliban Pakistan (TTP), a proscribed militant network blamed for cross-border attacks, an allegation Kabul denies.
Pakistan’s approach to Afghanistan has grown increasingly confrontational since last year as it pressures Kabul to rein in the TTP. By contrast, Russia announced last month it would remove the Taliban from its list of terrorist organizations, signaling a step toward normalizing ties with Afghanistan’s rulers.
Beyond security, Russia is keen to retain its influence in Central Asia and engage in Afghanistan’s economic reconstruction, particularly in energy and infrastructure projects.
Initiatives such as the Turkmenistan-Afghanistan-Pakistan-India (TAPI) Gas Pipeline and the Trans-Afghan Railway remain key priorities for Moscow, though persistent security challenges have delayed progress.
For Pakistan also, Afghanistan is critical for regional connectivity. Islamabad has offered landlocked Central Asian nations access to its ports, aiming to facilitate trade with global markets via sea routes.
Despite security concerns shared by Afghanistan’s neighboring countries, its stability is viewed as vital to unlocking the economic potential of regional projects.
 


PM Sharif urges nation to perform rain prayers as toxic smog chokes Pakistani cities

Updated 14 November 2024
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PM Sharif urges nation to perform rain prayers as toxic smog chokes Pakistani cities

  • Shehbaz Sharif urges Islamic scholars to play their role in organizing ‘Istisqa’ prayers across the country
  • Toxic smog has enveloped Pakistan’s cultural capital, Lahore, and 17 other districts of Punjab province

ISLAMABAD: Prime Minister Shehbaz Sharif has urged the nation to perform prayers for rainfall, calling on Islamic scholars to take the lead in organizing “Istisqa” prayers, his office announced on Thursday, as worsening air quality continues to endanger the health of millions.
The Istisqa prayer is a special Islamic ritual performed to seek rain, primarily during times of drought or severe water shortages. It symbolizes the community’s humility, repentance and reliance on divine mercy for sustenance.
Toxic smog has enveloped Pakistan’s cultural capital, Lahore, and 17 other districts in Punjab since last month. Health officials report that more than 40,000 people have sought treatment for respiratory illnesses, prompting Punjab authorities to close schools until November 17 to safeguard children’s health.
“PM Sharif appeals to the nation to offer Istisqa prayers for rain,” his office announced in a statement. “Scholars should especially play their role in organizing Istisqa prayers.”
The prime minister noted the rainfall would improve the environment apart from aiding in getting rid of diseases.
“Istisqa prayers should be organized in all mosques under the auspices of the federal government and the provinces,” he was quoted as saying. “In the current situation, there is a dire need for rain.”
A day earlier, Pakistan’s Meteorological Department forecast light rains from Nov. 14-16 in most districts of the country’s populous Punjab province.
The UN children’s agency has warned that the health of 11 million children in Punjab is in danger due to air pollution.
South Asia, particularly India and Pakistan, gets shrouded in intense pollution every winter as cold air traps emissions, dust, and smoke from farm fires.
Pollution could cut more than five years from people’s life expectancy in the region, according to a University of Chicago’s Energy Policy Institute study last year.
 


Pakistan signs four-year pact with Global Green Growth Initiative to boost climate resilience

Updated 14 November 2024
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Pakistan signs four-year pact with Global Green Growth Initiative to boost climate resilience

  • The agreement will help Pakistan’s transition to a green economy, address water scarcity and deforestation
  • Pakistan has ranked as the fifth most vulnerable country to climate change, with its cities engulfed in smog

ISLAMABAD: Pakistan has signed a four-year country program framework agreement with an international green economy organization to advance its sustainable development goals by enhancing climate resilience through green growth initiatives, according to an official statement released on Thursday.
The agreement was signed by Pakistan’s Climate Change Ministry Secretary, Aisha Humera Moriani, and the Global Green Growth Initiative’s (GGGI) Deputy Director-General, Helena McLeod, during a formal ceremony at the United Nations-led Global Climate Conference (COP29) in Baku, Azerbaijan.
Pakistan ranks as the fifth most vulnerable country to climate change, according to the Global Climate Risk Index. In 2022, catastrophic floods claimed over 1,700 lives, affected more than 33 million people, and caused economic losses exceeding $30 billion.
While international donors pledged over $9 billion last January to help Pakistan recover from the devastating floods, officials report that little of the pledged amount has been disbursed so far.
“The Ministry of Climate Change & Environmental Coordination and GGGI has signed a four-year Country Programme Framework agreement to advance Pakistan’s sustainable development goals through targeted climate action and green growth interventions,” said the official statement.
On the occasion, McLeod said her organization aimed to facilitate Pakistan’s transition to a green economy through collaboration with national stakeholders to address water scarcity, deforestation and energy challenges “compounded by climate change effects.”
Prime Minister Shehbaz Sharif’s Coordinator on Climate Change Romina Khurshid Alam thanked the GGGI for engaging with Pakistan to “mobilize green finance, support climate action frameworks and promote investment” to achieve climate resilience.
Pakistan also regularly faces other climate change-induced effects such as droughts, cyclones, torrential rainstorms and heatwaves.
Currently, record-high air pollution levels have triggered hundreds of hospitalizations, school closures and stay-at-home orders in the eastern city of Lahore and other cities in the populous Punjab province, which has been enveloped in thick, toxic smog since last month.
A mix of low-grade fuel emissions from factories and vehicles, exacerbated by agricultural stubble burning, blanket Lahore and its surroundings each winter, trapped by cooler temperatures and slow-moving winds.
The city of 14 million people stuffed with factories on the border with India regularly ranks among the world’s most polluted cities, but it has hit record levels this month, as has New Delhi.
 


Army officer, soldier killed in southwest Pakistan clash that leaves three militants dead

Updated 14 November 2024
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Army officer, soldier killed in southwest Pakistan clash that leaves three militants dead

  • Incident in Balochistan occurred after security forces reacted to militant presence in Harnai district
  • A Pakistan army major and a havildar lost their lives when an improvised explosive device blew up

QUETTA: An army officer and a soldier lost their lives in Pakistan’s southwestern Balochistan province on Thursday, according to a statement from the military’s media wing, during an encounter that also left three militants dead.
Balochistan, which borders Iran and Afghanistan, has been the site of a low-level insurgency by separatist militants for over two decades. In August, ethnic nationalist militants carried out several coordinated attacks on civilian and military targets in the province, killing more than 50 people on August 25-26.
Most of the assaults were claimed by the Balochistan Liberation Army (BLA), the leading separatist group operating in the province, which is home to key China-led infrastructure projects, including a port and a gold-copper mine.
“On 14 Nov 2024, on reported presence of terrorists, planning to target innocent civilians in Harnai District, security forces under Major Muhammad Haseeb were immediately mobilized to sanitize the area,” the Inter-Services Public Relations (ISPR) informed.
“Own troops effectively engaged the terrorists’ location and resultantly three terrorists were sent to hell,” it continued. “However, during the operation, an improvised explosive device exploded on the leading vehicle of security forces, resultantly, Major Muhammad Haseeb (age: 28 years, resident of District Multan), a brave officer, who was leading his troops from the front, along with Havildar Noor Ahmed (age: 38 years, resident of District Barkhan), having fought gallantly, made the ultimate sacrifice and embraced Shahadat [martyrdom].”
The incident comes just four days after a deadly suicide bombing at the Quetta railway station killed dozens of people, including army soldiers, and wounded several others.
A day earlier, security forces killed eight militants and injured six others during an intelligence-based operation in Pakistan’s restive northwestern Khyber Pakhtunkhwa (KP) province.
KP has been predominantly targeted by Tehreek-e-Taliban Pakistan (TTP) militants, who have carried out attacks on security forces’ convoys and check posts, as well as killing and kidnapping officials and civilians in recent months.
The TTP leadership is reportedly based in neighboring Afghanistan, straining ties between Kabul and Islamabad, as Pakistani officials accuse the Afghan Taliban of “facilitating” cross-border militant attacks.
Afghanistan denies the allegations and has urged Pakistan to address its security challenges internally.