AGL 40.00 Decreased By ▼ -0.16 (-0.4%)
AIRLINK 129.53 Decreased By ▼ -2.20 (-1.67%)
BOP 6.68 Decreased By ▼ -0.01 (-0.15%)
CNERGY 4.63 Increased By ▲ 0.16 (3.58%)
DCL 8.94 Increased By ▲ 0.12 (1.36%)
DFML 41.69 Increased By ▲ 1.08 (2.66%)
DGKC 83.77 Decreased By ▼ -0.31 (-0.37%)
FCCL 32.77 Increased By ▲ 0.43 (1.33%)
FFBL 75.47 Increased By ▲ 6.86 (10%)
FFL 11.47 Increased By ▲ 0.12 (1.06%)
HUBC 110.55 Decreased By ▼ -1.21 (-1.08%)
HUMNL 14.56 Increased By ▲ 0.25 (1.75%)
KEL 5.39 Increased By ▲ 0.17 (3.26%)
KOSM 8.40 Decreased By ▼ -0.58 (-6.46%)
MLCF 39.79 Increased By ▲ 0.36 (0.91%)
NBP 60.29 No Change ▼ 0.00 (0%)
OGDC 199.66 Increased By ▲ 4.72 (2.42%)
PAEL 26.65 Decreased By ▼ -0.04 (-0.15%)
PIBTL 7.66 Increased By ▲ 0.18 (2.41%)
PPL 157.92 Increased By ▲ 2.15 (1.38%)
PRL 26.73 Increased By ▲ 0.05 (0.19%)
PTC 18.46 Increased By ▲ 0.16 (0.87%)
SEARL 82.44 Decreased By ▼ -0.58 (-0.7%)
TELE 8.31 Increased By ▲ 0.08 (0.97%)
TOMCL 34.51 Decreased By ▼ -0.04 (-0.12%)
TPLP 9.06 Increased By ▲ 0.25 (2.84%)
TREET 17.47 Increased By ▲ 0.77 (4.61%)
TRG 61.32 Decreased By ▼ -1.13 (-1.81%)
UNITY 27.43 Decreased By ▼ -0.01 (-0.04%)
WTL 1.38 Increased By ▲ 0.10 (7.81%)
BR100 10,407 Increased By 220 (2.16%)
BR30 31,713 Increased By 377.1 (1.2%)
KSE100 97,328 Increased By 1781.9 (1.86%)
KSE30 30,192 Increased By 614.4 (2.08%)

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is in violation of the principle of separation of powers and independence of judiciary which now stand altered, repealed and abrogated.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

Comments

Comments are closed.

KU Nov 14, 2024 02:17pm
That's called ''democracy is the best revenge''. Why is the SCBA n other Bars silent, fear or gratification? Our Raj greed n perpetual rule is taking us back to the past 500 years of dark ages.
thumb_up Recommended (0)