Senior lawyers have expressed strong objections to the proposed constitutional package put forward by the government. A petition has been filed in the Supreme Court to challenge this proposed amendment. The petition, submitted by prominent lawyers including Abid Zuberi, Shafqat Mehmood, Shahab Sarki, Ishtiaq Ahmed Khan, and Munir Kakar, names the federal government, the provinces, the National Assembly, and the Senate as respondents.
These lawyers argue that the proposed changes could have significant implications and are seeking the Court’s intervention to address their concerns. The petition argues that the proposed constitutional amendment undermines the separation of powers and threatens judicial independence. It requests that the Supreme Court declare the amendment unconstitutional and stop any further action on it by the government.
Top Lawyers oppose constitutional amendment bill...
— PTI (@PTIofficial) September 16, 2024
"Amendments made to the Constitution do not lie in the domain of a parliament that lacks national legitimacy. We therefore urge the legal fraternity and the judiciary to resist and reject these”.https://t.co/YncthFqIpp… pic.twitter.com/22ppWVOFoJ
The petitioners are calling for the amendment to be annulled to ensure the preservation of judicial independence. Additionally, the petitioners have asked the Court to prevent the President from signing the amendment into law if it is passed by Parliament. This move highlights their commitment to protecting the integrity of the judiciary and maintaining a balance of power within the government.
In response to the controversial proposed constitutional amendment, Hamid Khan, a former president of the Supreme Court Bar Association and a leading figure in the Pakistan Tehreek-e-Insaf (PTI) party, has announced a significant lawyers’ movement. Scheduled to start on September 19, this movement aims to mobilize legal professionals across the country against the amendment.
Petitioners argue amendments undermine separation of powers, threaten independence of judiciary
— SAMAA TV (@SAMAATV) September 16, 2024
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Khan has voiced strong opposition to the proposed changes, arguing that they not only undermine the constitutional framework but also threaten to establish a federal constitutional court that he believes would be detrimental to the judiciary. He has characterized the amendment as a “mockery of the constitution,” highlighting his concerns about how it could erode judicial independence and disrupt the balance of power within the government.
On the other hand, in a statement released on Sunday, prominent Supreme Court advocates Muneer A. Malik and Faisal Siddiqi called on Chief Justice of Pakistan (CJP) Isa to step down with honor on October 25, 2024. They emphasized that Justice Syed Mansoor Ali Shah should rightfully assume the position of Chief Justice from the early hours of October 26.
Malik and Siddiqi also urged CJP Isa not to accept any future nominations for appointments to any proposed constitutional court or bench. Their statements reflect ongoing discussions and concerns about the judiciary’s leadership and the implications of potential constitutional changes.
Malik and Siddiqi condemned the government’s proposed amendments as an unprecedented assault on the Constitution and the judiciary. They characterized the amendments package as dubious and questionable, arguing that such changes should not be within the purview of a parliament they believe lacks national legitimacy.
They emphasized that the integrity of the Constitution and the independence of the Supreme Court and High Courts are at stake. Consequently, they urged both the legal community and the judiciary to strongly resist and reject these amendments to safeguard the country’s constitutional framework.