Pakistan Constitutional Amendments:

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Fazl mediates amid ‘duress’ allegations​

Friday saw Fazl’s residence become the centre of attention as opposition leaders and members of the ruling coalition held simultaneous discussions with him, with Bilawal meeting with the JUI-F chief three times within 24 hours.

Fazl has been playing a key mediating role as the opposition voices concerns about the proposed amendments as well as alleges intimidation of its lawmakers for their support for the draft.

The PTI has claimed that its members were being offered up to Rs3 billion for their support of the amendments.

Sardar Akhtar Mengal, chief of his chapter of the Balochistan National Party (BNP-M), has also alleged that two senators from his party, including a woman, were being “mistreated” to secure their votes for the proposed tweaks.

BNP-M’s Naseema Ehsan, who attended a Senate sitting on Thursday, was so disturbed that she found it difficult to narrate details and just said: “The sanctity of chador and chaar diwari has been violated.”

Protests against the alleged harassment continued in both houses of the parliament on Friday, with JUI-F lawmakers giving the most hard-hitting speeches as they vowed not to vote for the amendments bill under “duress”.

 

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The elected seek greater role in picking judges​

Proposed changes include taking away SC’s suo motu powers, capping CJP’s term at three years, empowering special committee to name top judge from 3 senior-most ones.

Iftikhar A. Khan Published
October 19, 2024

• Stakeholders claim ‘consensus achieved, unified draft approved’ by Khursheed Shah-led parliamentary body
• Proposed changes include taking away SC’s suo motu powers, capping CJP’s term at three years, empowering special committee to name top judge from 3 senior-most
• Commission to select judges will also be empowered to conduct their annual performance evaluations

ISLAMABAD: A special parliamentary committee, chaired by Syed Khursheed Shah, on Friday approved the draft of a controversial set of constitutional amendments aimed at taking away the Supreme Court’s suo motu powers, setting the chief justice of Pakistan’s term at three years and empowering the prime minister to appoint the next CJP from among the three most senior judges of the apex court.

According to the proposed amendment, “The chief justice of Pakistan shall be appointed on the recommendation of the special parliamentary committee from amongst the three most senior judges of the Supreme Court. The committee, constituted for the aforesaid purpose, shall send the name of the nominee to the prime minister, who shall forward the same to the president for appointment.”

The special parliamentary panel will consist of 12 members — eight from the National Assembly and four from the Senate. Party representation on the committee will be proportional to their strength in parliament, with members nominated by their respective parliamentary leaders.

The committee will be required to send its nomination at least 14 days before the retirement of the sitting CJP. However, under the newly proposed rules, the first nomination following the enactment of the Constitution (Twenty-Sixth Amendment) Act, 2024, must be made three days before the retirement of the chief justice.

The amendments stipulate that no action or decision by the commission or the committee shall be invalidated or questioned solely due to a vacancy or the absence of any member from a meeting.

 

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The proposed changes also empower the commission to create rules regulating its procedures, including criteria for the assessment and fitness of judges.

The amendments aim to revoke the chief justice’s authority to nominate a former chief justice or judge as a substitute in case of the unavailability of a sitting chief justice of a high court. This power will instead rest with the parliamentary commission.

An amendment to Article 175-A seeks to alter the composition of the commission responsible for appointing judges to the Supreme Court, high courts and the Federal Shariat Court. It also proposes a minimum of 15 years of Supreme Court practice for a senior lawyer to be nominated as a member of the commission.

 

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Further changes to Article 48 of the Constitution aim to prevent any court, tribunal or authority from inquiring into advice tendered to the president by the prime minister or cabinet.

A proviso added to Article 179 states that the term of the CJP shall be three years or until resignation, attainment of the age of 65, or removal from office in accordance with the Constitution, whichever comes first. Upon completion of the three-year term, the chief justice will retire, notwithstanding their age of superannuation.

The parliamentary commission will also be authorised to conduct annual performance evaluations of high court judges. If a judge’s performance is found unsatisfactory, a timeframe for improvement will be set, and failure to meet expectations will result in a report being sent to the Supreme Judicial Council.

Another amendment to Article 184 restricts the Supreme Court from exercising suo motu jurisdiction beyond the scope of applications filed under the clause.

 

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The amendments also propose the creation of constitutional benches within the Supreme Court. “There shall be as many constitutional benches of the Supreme Court, comprising such judges and for such term, as may be determined by the Judicial Commission of Pakistan, from time to time,” the amendment reads.

A proviso to this amendment adds that as far as practicable, the constitutional benches will comprise an equal number of judges from each province.

The amendment further clarifies that only constitutional benches will be able to exercise the original jurisdiction of the Supreme Court under Article 184, appellate jurisdiction under Article 185(3) (in cases involving the constitutionality of laws), and advisory jurisdiction under Article 186.

 

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‘No vote under duress,’ opposition tells govt​

Amir Wasim
October 19, 2024

JUI-F’s Maulana Abdul Ghafoor Haideri speaks in the National Assembly on Oct 18, 2024. — via YouTube/NaofPakistan


• JUI-F, PTI continue to decry lawmakers’ harassment
• BAP miffed at Tarar’s ‘blame game’
• Cabinet to meet again today to consider draft

ISLAMABAD: In contrast with the government’s claim of reaching a consensus on a draft constitutional amendment bill, opposition members in both houses of parliament on Friday continued their protest over the alleged harassment of their lawmakers, categorically saying that they would never vote for the bill under the prevailing circumstances.

The most hard-hitting speeches came from the members of JUI-F, as they vowed not to vote for the amendments bill under “duress”.

The proclamation was made a day after marathon meetings of JUI-F emir Maulana Fazlur Rehman with Prime Minister Shehbaz Sharif and PTI leaders. There were also reports that the party was playing the role of a bridge between the government and PTI.

While speaking in the National Assembly, Maulana Abdul Ghafoor Haideri threatened to bring masses to the streets if the government continued with its “undemocratic and fascist tools” to get votes for the amendments.

 

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“On one hand, there are talks of reconciliation and on the other hand, opposition members are being abducted,” said Mr Haideri.

“If you will ask us to vote under compulsion, we will never vote, come what may.”

PTI leaders Ali Muhammad Khan and Aamir Dogar also condemned the alleged harassment of their party colleagues and their family members.

They opposed the idea of a separate constitutional court and termed the amendments “an attack on the Supreme Court”.

Mr Khan questioned how there could be two chief justices and slammed the government’s move to deprive the top judge of his powers to appoint judges.

Casting doubt over the intentions behind the proposed amendments, the PTI leader also asked the law minister where he got the draft amendments from.

“Either you talk to us or fight with us. In the daylight, you talk to us, and in the darkness of night, our family members are being picked up,” Mr Khan claimed.

 

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Senate meeting

In the Senate, the government faced an awkward situation when the Balochistan Awami Party (BAP), which is part of the ruling coalition, protested over the prevailing law and order situation in Balochistan.

The party also took affront to a reply given by Information Minister Attaullah Tarar, who blamed PTI for the poor law and order situation.

“Some people started the debate of good Taliban and bad Taliban who were brought back and settled [in Pakistan] unfortunately. Today, we are picking up dead bodies,” the minister claimed.

But he faced a strong protest from the opposition when he started targeting the previous PTI government.

The issue was raised by BAP’s Manzoor Kakar and other senators from Balochistan, who wanted to draw the government’s attention towards the recent attacks on labourers and miners from Punjab.

Mr Kakar said the information minister’s response made them wonder if their party was part of the treasury benches or opposition.

JUI-F lawmaker Attaur Rehman claimed when his party told Prime Minister Shehbaz Sharif about the alleged abduction of opposition members, “he expressed ignorance”.

“It is regrettable that those responsible for running the country are not aware of these happenings.”

He said his party supports PTI leaders’ demand to consult Imran Khan on the draft bill.

 

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Cabinet meeting

The government had delayed the sessions of both houses till the evening, anticipating a consensus on the draft bill after approval by the special parliamentary committee.

At one point, Senate Chairman Syed Yousuf Raza Gilani adjourned the sitting for an hour, saying that the house would reconvene after the federal cabinet’s meeting.

Some news channels claimed the PM was presiding over the meeting, but later, the government denied those reports.

It was later announced that a special cabinet meeting would take place on Saturday morning to approve the draft bill. The National Assembly and the Senate are scheduled to meet again today (Saturday).

 

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'Our senators were abducted,' Akhtar Mengal refuses to support constitutional amendments​

BNP leader Akhtar Mengal demands the safe return of missing senators before any talks on amendments.

News Desk
October 19, 2024

Leader of Balochistan National Party-M Sardar Akhtar Mengal. PHOTO: FILE

Akhtar Mengal, leader of the Balochistan National Party (BNP), has alleged that two of his party’s senators have been abducted along with their families, adding that he will not support constitutional amendments currently being discussed in Pakistan.

Speaking to the media outside Maulana Fazlur Rehman’s residence in Islamabad, Mengal expressed outrage over the government's handling of the situation, questioning why the constitutional changes were being rushed without public transparency.

Mengal further claimed that the family of a female senator had been held hostage to force her attendance at a luncheon with the Prime Minister.

 

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Constitutional amendments: PTI delegation visits Fazl again

Meanhile, a Pakistan Tehreek-e-Insaf (PTI) delegation has once again visited Maulana Fazlur Rehman's residence to continue discussions on the proposed constitutional amendments.

The PTI delegation, led by Barrister Gohar Ali Khan, included prominent figures such as Barrister Salman Akram Raja, Asad Qaiser, and Barrister Syed Ali Zafar. They were also joined by Hamid Raza, chairman of the Sunni Ittehad Council, Express News reported.

During these talks, both sides engaged in detailed discussions on the ongoing constitutional reforms.

The series of meetings comes as consultations intensify, with other political leaders, including Bilawal Bhutto Zardari, also holding separate discussions with Maulana Fazlur Rehman on the matter.

Yesterday, Barrister Gohar stated that a consensus has been nearly reached with JUI-F chief Fazlur Rehman regarding the 26th Constitutional Amendment, and a final announcement will be made after consultations with PTI founder Imran Khan.

Speaking to the media following a meeting with Maulana Fazlur Rehman in Islamabad, Barrister Gohar explained that PTI held a meeting with its allies, including the JUI-F chief, to discuss the constitutional amendments.

He stated that there was a strong possibility of reaching an agreement during the previous talks, and Friday's meeting further solidified that understanding.

"We are still in talks. Once we finalise our position, we will seek Imran Khan’s instructions. Today, we will request a meeting with him, and we aim to meet him tomorrow. Based on his directives, we will announce our final stance," Barrister Gohar said.

 

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They are just buying time which I think is a good strategy …

 

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PTI backs Fazl on constitutional amendments after Adiala meeting with Imran​

News Desk
October 19, 2024

Meanwhile, Bilawal claims PPP and JUI-F have reached full agreement on proposed constitutional amendments

 

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We have sufficient numbers, even without Fazl's consensus: Khawaja Asif​

Federal Defence Minister says that efforts are being made to create consensus on the 26th Constitutional Amendment.

News Desk
October 19, 2024

 

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billa wajjah Bhutto ...Zardari. ...he has nothing to do with Bhutto.