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

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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.


Pakistan joins Muslim world in sending condolences ahead of Pope’s funeral on Saturday

Updated 8 sec ago
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Pakistan joins Muslim world in sending condolences ahead of Pope’s funeral on Saturday

  • Over 128,000 people have already paid last respects to Francis, whose coffin will be closed at 1800 GMT in ceremony attended by senior cardinals
  • Francis will be interred in the ground, his simple tomb marked with just one word: Franciscus, people will be able to visit the tomb from Sunday morning

ISLAMABAD: Pakistan joined the Muslim world in sending condolences as the Vatican made final preparations Friday for Pope Francis’s funeral and the last of the huge crowds of mourners filed through St. Peter’s Basilica to view his open coffin.
Over 128,000 people have already paid their last respects to Francis, whose coffin will be closed at 8:00pm (1800 GMT) in a ceremony attended by senior cardinals.
Many of the 50 heads of state and 10 monarchs attending Saturday’s ceremony in St. Peter’s Square, including US President Donald Trump and Ukrainian leader Volodymyr Zelensky, are expected to arrive later Friday in Rome.
“Pakistan conveys its heartfelt condolences on the passing of His Holiness, Pope Francis, a revered spiritual figure and a worldwide advocate for peace, interfaith dialogue and compassion,” the foreign office said. 
“His Holiness demonstrated unwavering commitment to fostering unity among world religions, advocating for the oppressed and promoting the inherent dignity of all humankind. Pakistan deeply values his tireless efforts to enhance mutual respect and understanding among diverse cultures and faiths.”
The foreign office said the pope’s legacy was marked by “profound humility, selfless service and a unifying vision for humanity,” which would serve as an inspiration for generations to come. 
“At this moment of profound sorrow, Pakistan stands in solidarity with our Catholic brothers and sisters worldwide and with all those touched by the extraordinary life of service.”
Italian and Vatican authorities have placed the area around St. Peter’s under tight security with drones blocked, snipers on roofs and fighter jets on standby. Further checkpoints will be activated on Friday night, police said.
Vast crowds of people on Friday morning packed Via della Conciliazione, the wide avenue leading to the Vatican, for the third and final day of the pope’s lying-in-state.
For a second night in a row, the Vatican kept St. Peter’s open past the scheduled hours to accommodate the queues, only closing the doors between 2:30am (0030 GMT) and 5:40am Friday.
Cardinal Kevin Farrell, Camerlengo of the Holy Roman Church, will preside at the Rite of Sealing of the Coffin of the late Pope Francis on Friday, April 25, at 8:00 PM, ahead of the papal funeral on Saturday morning.
The Catholic Church’s first Latin American pope died on Monday aged 88, less than a month after spending weeks in hospital with severe pneumonia.
The Argentine pontiff, who had long suffered failing health, defied doctors’ orders by appearing at Easter, the most important moment in the Catholic calendar.
It was his last public appearance.
Condolences have flooded in from around the world for the Jesuit, an energetic reformer who championed those on the fringes of society in his 12 years as head of the world’s 1.4 billion Catholics.
He used his last speech to rail against those who stir up “contempt... toward the vulnerable, the marginalized, and migrants.”
After the funeral, Francis’s coffin will be driven at a walking pace to be buried at his favorite church, Rome’s papal basilica of Santa Maria Maggiore.
The hearse will pass down Rome’s Fori Imperiali – where the city’s ancient temples lie – and past the Colosseum, according to officials.
Big screens will be set up along the route on which to watch the ceremony, Interior Minister Matteo Piantedosi said.
Francis will be interred in the ground, his simple tomb marked with just one word: Franciscus.
People will be able to visit the tomb from Sunday morning, as all eyes turn to the process of choosing Francis’s successor.
With inputs from AP


Families heartbroken as Pakistan closes airspace for Indian planes, land border shut

Updated 14 min 14 sec ago
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Families heartbroken as Pakistan closes airspace for Indian planes, land border shut

  • Militant attack in Indian-administered Kashmir has triggered diplomatic crisis between Islamabad and New Delhi
  • Diplomatic relations between Pakistan and India were weak even before the latest measures were announced

KARACHI: A 79-year-old Pakistani man, Ali Hasan Baqai, lamented about not being able to meet his siblings living in India as he sat with his wife and grandchildren at his house in Pakistan’s Karachi, hours after Pakistan closed its air space for Indian airlines on Thursday.
The move came in retaliation to a raft of actions by India after a deadly militant attack on tourists in Indian-administered Kashmir that New Delhi says Pakistan is involved in. Pakistani officials have rejected the accusations.
The latest diplomatic crisis was triggered by the killing of 26 men at a popular tourist destination in Indian-administered Kashmir on Tuesday, in the worst attack on civilians since the 2008 Mumbai shootings. The tit-for-tat announcements took relations between the nuclear-armed neighbors, who have fought three wars, to the lowest level in years.
Whenever relations deteriorate between Pakistan and India, elderly Baqai is besieged with a feeling of longing for his siblings and his birthplace on the other side of the border with India.
“I was planning to visit India. My sisters there were also planning to travel to Pakistan. But all of a sudden this attack happened. We could not even think of it. The situation was absolutely normal but suddenly the situation turned bad,” Baqai told Reuters Television.
Ali was born in 1946 in Delhi, India, a year before the partition of the subcontinent in 1947. He was last able to visit Delhi in 2014. Two of his sisters, along with his mother, passed away in the subsequent years. His three brothers died in India last year.
“If we don’t get a chance and the borders are closed for a long time, the only way left is we go to Dubai and meet each other there,” he said.
“You can’t meet your relatives. We can neither go there, nor can they come. It has become a mockery now. There is no hope left.”


Roadside blast kills three paramilitary troops in Pakistan’s volatile southwest

Updated 25 April 2025
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Roadside blast kills three paramilitary troops in Pakistan’s volatile southwest

  • The blast appeared to target bomb disposal personnel of the Frontier Corps paramilitary force in the Marget coalfield
  • No group immediately claimed responsibility for the attack but suspicion is likely to fall on Baloch separatist militants

QUETTA: A roadside blast killed three paramilitary troops and injured four others in Pakistan’s southwestern Balochistan province on Friday, a local administration official said.
The blast in Margat area, home to coal mines and located some 60 kilometers from the provincial capital of Quetta, appeared to target the Frontier Corps paramilitary force’s bomb disposal personnel when they were clearing the route.
Balochistan, which shares a porous border with Iran and Afghanistan, has been the site of a decades-long insurgency by Baloch separatists who have targeted security forces protecting mining fields, laborers and truckers transporting minerals.
“An improvised explosive device (IED) was planted along the route being used for the transportation of coal from the Marget coalfield which exploded when the bomb disposal wing of the Frontier Corps was busy in security clearance of the route,” Quetta Deputy Commissioner Saad bin Asad told Arab News.
“Three soldiers of the BD wing were killed and four wounded in the attack.”
No group immediately claimed responsibility for the attack, but suspicion is likely to fall on ethnic Baloch separatist militants, who frequently target security forces, Chinese nationals, ethnic Punjabi commuters and laborers in the restive province.
The separatists accuse Islamabad of exploiting the province’s natural resources, such as gold and copper. Successive Pakistani governments have denied the allegations and said they only worked for the uplift of the region and its people.
The latest attack comes a day after three people, including two women, were killed when a vehicle was hit by a powerful explosion in Balochistan’s Kalat district. Last month, the Baloch Liberation Army separatist group hijacked a train with hundreds of passengers aboard near Balochistan’s Bolan Pass, which resulted in the deaths of 23 soldiers, three railway employees and five passengers. At least 33 insurgents were also killed.
Pakistan accuses the neighboring Afghanistan and India of supporting separatist militants in Balochistan, an allegation denied by New Delhi and Kabul.


Pakistan, Afghanistan agree to enhance trade and connectivity in push to reset ties

Updated 25 April 2025
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Pakistan, Afghanistan agree to enhance trade and connectivity in push to reset ties

  • Ties with Kabul have been strained over a spike in militancy and a deportation drive against Afghan nations
  • Pakistani deputy PM and special envoy to Kabul visited Islamabad last week in an attempt to resolve issues

ISLAMABAD: Pakistan and Afghanistan have agreed to enhance trade and connectivity during a visit to Kabul by top officials from Islamabad, the foreign office said on Friday, amid a push by the two neighbors to reset soured relations.
Pakistan-Afghanistan relations have been strained by a spike in militancy in Pakistan’s western regions that border Afghanistan, following the Taliban’s takeover of Kabul in 2021. Islamabad says anti-Pakistan militants carry out cross-border attacks using safe havens in Afghanistan, a charge Kabul denies.
Another source of tension has been Pakistan’s decision to expel undocumented Afghans and those who had temporary permission to stay, saying it can no longer cope. Since November 2023 when Islamabad first launched the deportation drive against illegal foreigners, over 900,000 Afghans have left the country. The Afghan government has condemned the “unilateral measures” to forcibly deport tens of thousands of Afghans. Afghans have also reported weeks of arbitrary arrests, extortion and harassment by authorities as Islamabad has accelerated the deportation drive since April, a charge officials deny.
Amid these tensions, Pakistani Deputy Prime Minister Ishaq Dar and special envoy to Kabul, Ambassador Mohammad Sadiq, went to Afghanistan on a one-day visit last week widely seen as an attempt to resolve outstanding issues of contention.
“During the visit, the deputy prime minister [and] foreign minister held meetings with the acting Afghan prime minister, acting Afghan deputy prime minister and acting Afghan foreign minister,” Shafqat Ali Khan, a Pakistani foreign office spokesperson, told reporters at a weekly news briefing in Islamabad.
“Both sides held extensive discussions on a range of issues including peace and security, people-to-people contacts and agreed to enhance bilateral trade and economic cooperation to the mutual benefit of people of both countries.”
Pakistan remains at loggerheads with two of its main neighbors, India and Afghanistan, while Islamabad’s relations with Iran have also seen friction in recent weeks over the killing of eight Pakistani laborers in Iran’s Sistan-Baluchestan province. Both Pakistan and Iran last year exchanged strikes against what they called militant hideouts, but quickly moved to de-escalate tensions.
This week, an attack on tourists in India’s Himalayan territory of Kashmir has sparked a new crisis between nuclear armed neighbors India and Pakistan, with New Delhi blaming militants with “cross-border linkages” for the killings, which Islamabad denies. Both nations have announced tit-for-tat measures to downgrade ties in the aftermath of the violence.
The tensions have come as Pakistan navigates a tricky path to economic recovery, seeking to boost trade by enhancing connectivity with regional countries and attract foreign investment from allies in the region and beyond.
In this regard, Dar on Thursday held a telephonic conversation with Uzbekistan Foreign Minister Seyedov Bakhtiar Odilovic and apprised him of his discussions with Afghan officials about a tri-nation railway line project involving Uzbekistan, Pakistan and Afghanistan.
“The deputy prime minister shared his discussions in Kabul regarding Uzbekistan-Afghanistan-Pakistan railway line project and hoped that the three countries would soon sign the framework agreement for this important regional connectivity project,” the foreign office spokesman said at the briefing.
The project is part of Pakistan’s efforts to position itself as a key trade and transit hub, connecting the landlocked Central Asian states to the global market.


‘Out of the question’ Pakistan’s Nadeem will attend Bengaluru meet, Indian javelin hero Chopra says

Updated 25 April 2025
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‘Out of the question’ Pakistan’s Nadeem will attend Bengaluru meet, Indian javelin hero Chopra says

  • Chopra had earlier announced world’s top throwers, including Olympian Nadeem, had been invited to first Neeraj Chopra Classic on May 24
  • Tuesday’s attack in Kashmir prompted heavy criticism of Chopra’s decision to invite Nadeem even though he was unlikely to attend

NEW DELHI: India’s Olympic javelin gold medalist Neeraj Chopra said it was now “completely out of the question” that rival Arshad Nadeem of Pakistan will attend his meet in Bengaluru next month following Tuesday’s deadly militant attack in Indian-administered Kashmir.
Relations between nuclear-armed neighbors India and Pakistan have plummeted to their lowest level in years after the killing of 26 tourists on Wednesday.
A day before the attack, Chopra had announced that the world’s top throwers, including Paris Olympics champion Nadeem, had been invited to the first Neeraj Chopra Classic on May 24, an event he hoped would pave the way for a Diamond League meet in India one day.
However, the attack in Kashmir prompted heavy criticism of Chopra’s decision to invite Nadeem, even though it was unlikely the Pakistan thrower was going to attend.

“There has been so much talk about my decision to invite Arshad Nadeem to compete in the Neeraj Chopra Classic, and most of it has been hate and abuse,” Chopra, who won gold in Tokyo and silver in Paris, said in a social media post on Friday.
“The invitation I extended to Arshad was from one athlete to another — nothing more, nothing less. The aim of the NC Classic was to bring the best athletes to India and for our country to be the home of world-class sporting events.
“After all that has taken place over the last 48 hours, Arshad’s presence at the NC Classic was completely out of the question.”
Media reports said Nadeem, Pakistan’s first individual Olympic gold medalist, had opted not to attend the Bengaluru meet, which clashed with his training schedule for the Asian Championships in South Korea next month.
The soured relations between the two countries also spilled over to the sports world earlier this year when India’s cricket team refused to travel to Pakistan for the Champions Trophy and played all their matches, including the March 9 final, in Dubai.