ISLAMABAD: Supreme Court Bar Association (SCBA) Secretary Salman Mansoor, on Wednesday, condemned the recent 26th Amendment to the Constitution as being against the ordinary citizens of Pakistan and a direct threat to democracy and freedom in Pakistan.
Two days ago, SCBA President Ata Rauf in a press statement had lauded the Constitutional Amendment.
However, the SCBA secretary stated that the 26th Amendment is in violation of the principle of separation of powers and independence of judiciary which now stand altered, repealed and abrogated. These principles are guardians of fundamental rights of ordinary citizens of Pakistan and ensure a free, fair and democratic society and state.
The executive government is the strongest adversary of ordinary citizens and their daily opponent in the Courts. Such an executive, being part and comprising of majority in the legislature, cannot be allowed to select judges of its own choice in all litigation where challenges are made to constitutional authority of executive and a clearly demarcated legislative power of the Federal Parliament. This has rendered fundamental rights a mere farce and all constitutional challenges principally an unbalanced fight. Neither the government nor the judges can be allowed to vote for themselves in matters in which they are interested. All constitutional matters must be heard by a full court, or larger bench comprised of senior most judges of the Supreme Court. The lawyers and the people want a Supreme Court which is able to defend their fundamental rights. This is only possible when the selection of judges in all constitutional challenges is free from the control of the biggest and strongest alleged usurper of fundamental rights i.e., the government in the Parliament.
Through the said Amendment, the Parliament and the Executive have illegally usurped the powers of the Supreme Court of Pakistan and the High Courts and have thereby eroded the salient features of the Constitution, independence of judiciary and access to justice for the citizens of Pakistan. The said Amendment cannot sustain the test of Constitutionalism and separation of powers.
Copyright Business Recorder, 2024
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