ISLAMABAD: The representatives of the Pakistan Bar Council (PBC), the Supreme Court Bar Association (SCBA) and the provincial bars have consensus that there should be a Federal Constitutional Court, but they objected to the extension of judges’ age.
All Pakistan Lawyers Convention was held on Wednesday, which was attended by PBC Vice-Chairman Farooq H Naek, President SCBA Shahzad Ahmed Malik and the representatives of provincial bar councils and associations.
Federal Minister of Law and Justice Azam Nazeer Tarar, who also attended the convention, explained to the participants about the constitutional amendment package circulating in the public, saying it is merely a draft of proposals and cannot yet be considered final. He asked Farooq Naek and Shahzad Malik to constitute a committee and to ponder on this draft proposal and forward their suggestions to the government. He also asked them to upload the draft on their websites.
Almost all the bar councils and associations supported the constitutional package, saying it is the prerogative of the Parliament to make changes in the constitution. Their only concern was that the draft of constitutional package should have been shared with them before it came in the public. The lawyers’ bodies also opposed the civilians’ trial by military courts.
Former PBC vice-chairmen Qalbe Hassan and Yasin Azad stated that Parliament is the legislative body and it cannot be stopped from passing any law or amending the constitution. They said due to constitutional cases, the pendency in Supreme Court and the High Courts has been rising. They cautioned the government that it should not be person-specific amendments.
Yasin Azad said no lawyers except the Bar Councils or Associations have a right to launch a lawyers’ movement. He was referring to lawyers’ movement which senior advocate Hamid Khan was intended to launch from tomorrow (September 19) against the constitutional package.
Incumbent Vice-Chairman PBC Farooq H Naek stressed upon the importance of a constitutional court. “The constitution is a living document. The Supreme Court recognises that parliament has the authority to amend the Constitution, but no one knows the details of this constitutional package.”
Naek highlighted that constitutional courts exist in several countries, such as Russia, Thailand, and Indonesia, and noted that when constitutional matters are brought before the Supreme Court, other cases suffer delays. He called for the creation of a small lawyers’ committee to draft amendments that would benefit both democracy and the public.
Azam Tarar told the participants that the circulating draft of constitutional amendments is just a set of suggestions. The purpose of establishing a constitutional court is to define the scope of suo motu notices under Article 184, as there was a surge in such notices between 2009 and 2013, and again in 2018 and 2019. He said that a judge hearing the Benazir Bhutto case had even received threats.
He explained that the proposed amendments would ensure representation from all federal units in the court. “Legislation within constitutional limits is parliament’s prerogative. Until the government approves it, it cannot be considered a bill,” Tarar emphasised.
Referring to the 2006 Charter of Democracy signed by the Pakistan People’s Party (PPP) and Pakistan Muslim League-Nawaz (PML-N), Tarar said it had agreed to simplify judicial laws, which was also a demand of the legal community. He revealed that negotiations on constitutional amendments had taken place with the PPP between January and March, and both parties had agreed to complete the unfinished agenda of the 18th Amendment.
Tarar reiterated that amendments are presented in parliament after cabinet’s approval and require a two-thirds majority to pass. He also referenced the late human rights lawyer, Asma Jahangir’s proposal for a constitutional court, which included nine members and provincial representation.
The conference concluded with calls for a robust constitutional court to address legal matters efficiently.
Copyright Business Recorder, 2024
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