Sept 30, 2024
By Rehan Piracha
LAHORE:
While Bar councils across the country have yet to finalise recommendations on the government’s proposed constitutional package to establish the first constitutional court, pressure is mounting within the legal fraternity against the amendments. More than 300 senior lawyers have written to superior court judges, urging them not to participate in the constitutional court, even if the parliament passes the package.
The senior lawyers’ appeal came in an open letter addressed to the judges of the Supreme Court of Pakistan and the high courts on September 29. “We urge you — the judges of our constitutional courts — not to recognise this proposed court if such a bill is passed,” says the letter that is signed by senior lawyers, including Munir Ahmed Khan Kakar, Abid Saqi, Riasat Ali Azad, Abid Hassan Minto, Bilal Hassan Minto, Salahuddin Ahmed, Afzal Harifal, Abdul Moiz Jaferii, Mohammad Jibran Nasir and others.
“We urge those of you who may be hand-picked to serve on it, not to do so. Complicity will be no defence of the Constitution; it will be its defacement,” it further states.
The letter comes at a time when the federal government is attempting to pacify the legal community’s opposition to the proposed constitutional package, assuring that it will consult with all bar councils across the country. On September 18, 2024, Federal Law Minister Azam Nazeer Tarar held a meeting with representatives of the Pakistan Bar Council and provincial bar councils from Punjab, Khyber Pakhtunkhwa, Balochistan, and Sindh. During the meeting, Tarar also sought recommendations from lawyers to decide on the retirement age of judges whether it should be 65 or 68 years, according to news reports.
Voicepk.net reached out to provincial bar councils and the Pakistan Bar Council to determine when their recommendations would be finalized. All bar councils, except for Khyber Pakhtunkhwa, has yet to conclude their recommendations on the constitutional package.
Punjab Bar Council to finaliise recommendations on Oct 5: Babar Waheed
Babar Waheed, vice chairman of the Punjab Bar Council, said, that the Punjab Bar Council is expected to hold a meeting on October 5 – “to finalise its recommendations for the government’s draft of the constitutional package”.
He added that the Punjab Bar Council would send its recommendations to the Pakistan Bar Council, the Supreme Court Bar Association, and the federal law ministry.
KP Bar Council has submitted recommendations to PBC: Sadiq Ali
Sadiq Ali, vice chairman of the Khyber Pakhtunkhwa Bar Council, confirmed that the council has finalized its recommendations for the proposed constitutional package and has submitted them to the Pakistan Bar Council. He mentioned that these recommendations were outlined “in a point-wise manner.”
Ali further said that the Pakistan Bar Council plans to hold a meeting with provincial bar councils soon to finalize joint recommendations for submission to the federal government.
However, he declined to provide specific details on the KP Bar Council’s recommendations
Sindh Bar Council holding consultations: Kashif Hanif
Kashif Hanif, vice chairman of the Sindh Bar Council, said that the council is currently engaged in consultations regarding the proposed constitutional package – “The consultations are ongoing, but I cannot provide a definite date for when we will finalize our recommendations,”
Balochistan Bar Council wasn’t invited to bar councils’ meeting: Kakar
Amanullah Kakar, vice chairman of the Balochistan Bar Council, clarified that his provincial council, like others, did not receive any official request to submit recommendations for the proposed constitutional package. However, he noted that they received a letter from the Supreme Court Bar Association (SCBA) requesting them to share their concerns and recommendations regarding the package – “The Balochistan Bar Council will be submitting its recommendations to the SCBA in a couple of days.”
PBC Executive Committee to finalise recommendations on Oct 2
Executive Committee of the Pakistan Bar Council (PBC) is set to finalize its recommendations on the proposed constitutional package on October 2. In a meeting on September 25, the committee reviewed the draft 26th constitutional amendment. The discussions took place at the PBC office and were led by Chairman Riazat Ali Sahar, along with Vice Chairman Farooq H. Naek and other members.
When Voicepk.net reached out for comments regarding the ongoing consultations and the lawyers’ open letter, both Sahar and Naek did not respond to messages or calls.