October 7, 2024
Staff Report
ISLAMABAD
Around 50 former law clerks of the Supreme Court of Pakistan, have issued an open letter to the sitting judges of the apex court, and have raised alarm over what they describe to be a “brazen onslaught” on the superior judiciary.
In the letter, the former clerks have expressed their respect for the “unwavering commitment” of the current judges to upholding the rule of law and protecting the constitution. However, they argue that recent developments have jeopardized this independence, and could lead to a constitutional crisis of unprecedented magnitude.
According to a document available on the website of the Supreme Court of Pakistan, a law clerk (also referred to as a ‘judicial law clerk’ or ‘judicial associate’) is a lawyer who is typically a recent law graduate, and who provides direct assistance to a judge.
“The position is internationally considered to be among the most prestigious in the field of law, grooming young lawyers to succeed in their respective fields and give back to their country,” it adds.
A Systematic Attack on the Judiciary
The clerks’ letter points to several recent events, which they claim are part of a “systematic” effort to weaken the judiciary. Among these is the Election Commission of Pakistan’s (ECP) alleged defiance and delay in complying with court orders. The letter also draws attention to the enactment of the Supreme Court (Practice & Procedure) Amendment Ordinance, 2024, which the former clerks believe is aimed at undermining the authority of the SC by reversing reforms established in the aforementioned Act.
“The ‘representatives of the people’ responsible for these actions assure us that they seek only to improve the judicial system. We, with respect, cannot close our eyes to reality. The history of Pakistan has taught us better. Our time at the Supreme Court has taught us better. You have taught us better. These recent actions are a clear attempt to weaken the trichotomy of powers and defeat the spirit of the Constitution,” the letter states.
It added that the 2023 Act was endorsed by a Full Court as constitutional and sought to balance powers within the judiciary. However, the Amendment Ordinance is seen by the former clerks as a return to the position prior to the enactment of the Supreme Court (Practice & Procedure) Act.
“The Amendment Ordinance seeks to undo what was accomplished through the [2023] Act, reverting the Supreme Court to its previous state: one that provided the Chief Justice with primacy over the composition of judicial benches and, often, the outcome of cases,” the letter read.
Concerns Over a Proposed Constitutional Amendment
The most serious concern outlined in the letter is the proposed Constitutional Amendment, the contents of which have not been fully made public yet. According to the former clerks, the limited information available suggests that the amendment is designed to create a “subservient judiciary.”
“Fragments of the Constitutional Amendment that have made their way into the public domain reveal one incontrovertible fact: these ‘representatives’ envision a subservient judiciary that bends to the whims and desires of those in power. Under the guise of progress and reform, they seek to compromise the judiciary’s ability to protect us in the face of executive, legislative, and military overreach,” the clerks write.
The former clerks have urged that such subversion should not be allowed by those who have sworn to protect, preserve, and defend the Constitution and its basic structure.
The former judicial clerks also expressed concern over the Supreme Court’s recent reconstitution of a bench that overturned a decision on Article 63-A of the Constitution, which governs the disqualification of lawmakers for defection.
“This reversal directly affects the voting mechanism for the proposed Constitutional Amendment, potentially enabling coerced or defected votes to be counted in its favor,” it added.
Broader Threats to Democracy
Beyond the immediate threat to the judiciary, the letter emphasizes the broader impact on Pakistan’s democratic institutions. The former clerks note that anti-democratic forces have been using increasingly coercive tactics against the judiciary and parliamentarians. They mention cases where judges and their families have been threatened and blackmailed, while dissenting voices in society are being silenced through abductions, restrictions on free speech, and limits on the right to assembly.
“The people cannot stand alone in the face of such overwhelming force. The Court must protect the people’s fundamental rights and act decisively to restore confidence in the judiciary as a whole,” the letter urges.
A Call to Convene
At the heart of the clerks’ appeal is their request for the Supreme Court to convene a full court to hear and resolve the pending challenges to the Amendment Ordinance and other key constitutional matters. They stress that the judiciary’s response to the crisis will determine the future of Pakistan’s democratic framework for generations to come.
“The decisions made in the coming days will shape the future of Pakistan’s judiciary for generations to come,” they write, emphasizing the need for the judiciary to act swiftly and decisively.