• KBA terms proposed amendments an assault on independence of judiciary
• SBC calls for issuance of notification to appoint Justice Mansoor Ali Shah as new CJP
• Lawyers’ Action Committee stage protest at City Courts

KARACHI: The Karachi Bar Association (KBA) has expressed concern over the proposed 26th amendment to the Constitution, stating that its introduction in a “secretive and mysterious” manner violates parliamentary procedure.

In its resolution passed on Monday, the KBA stated that the unprecedented proposed amendments, including the reported extension of the age limit for justices and judges, not only violate the basic structure of the Constitution but also constitute an assault on it and the superior courts. The amendments would also be considered an attack on the independence of the judiciary, the association further said.

“The constitutional amendment could only be possible with consensus after speeches and discussions, whereas without disclosing the amendments to the members of the parliament as well as the public at large are itself violation of Constitution of Pakistan,” it stated.

“The said amendments are against the rule of law and are being procured on the basis of a total destruction of sacrosanct documents of the Constitution without any debate,” it added.

The KBA urged the legal fraternity and judiciary to resist and reject the amendments and called for unity at this critical juncture, regardless of personal views, to preserve the sanctity of the Constitution and the independence of the judicial system.

SBC’s inter-provincial body meets

Meanwhile, after conducting an inter-provincial meeting, the Sindh Bar Council (SBC) also called for the issuance of a notification to appoint Justice Mansoor Ali Shah as the new chief justice of Pakistan after the retirement of incumbent CJP Qazi Faez Isa.

The SBC also demanded that all government employees, including retired judges and generals, should be banned from reappointment.

The SBC urged the federal government that before making any amendments related to the judiciary in the Constitution, representatives of the legal community and all stakeholders must be taken into confidence.

Protest against ‘efforts to manipulate judiciary’

Meanwhile on Monday, the Lawyers Action Committee (LAC), said to be a “non-political” lawyers’ forum, held a protest within the premise of the City Courts Karachi, calling the amendments to the Constitution an effort to “manipulate the judiciary to serve political interests.”

The committee warned against any attempts to extend the tenure of the current chief justice through unconstitutional amendments, declaring such moves illegal and a direct attack on judicial independence.

It demanded the issuance of a notification to appoint Senior Puisne Judge of the Supreme Court of Pakistan Justice Mansoor Ali Shah as the next chief justice following the retirement of Justice Qazi Faiz Isa. It also stated that the proposed constitutional amendments are an “attack on the independence of the Supreme Court.”

It also called for the reinstatement of the degree of Justice Tariq Mehmood Jahangiri.

Talking to reporters, KBA President Aamir Nawaz Warraich said: “There is a covert attempt to pass a bill that would extend the tenure of the current Chief Justice and allow for the appointment of favoured judges.”

He vowed to launch a nationwide movement to safeguard judicial independence.

Published in Dawn, September 17th, 2024