LEGAL

All Pakistan Lawyers' Convention Threatens Nationwide Movement Against Constitutional Amendment

The All Pakistan Lawyers' Convention has pledged a nationwide movement against the proposed constitutional amendment, claiming it jeopardizes judicial independence and the rule of law.
2024-10-16
All Pakistan Lawyers' Convention Threatens Nationwide Movement Against Constitutional Amendment

The All Pakistan Lawyers' Convention convened in Karachi yesterday, threatening to initiate a nationwide movement in response to a proposed constitutional amendment perceived as a threat to judicial independence. The convention was marked by passionate speeches from various legal leaders who underscored the potential dangers of the amendment.

 

Former president of the Supreme Court Bar, Ali Ahmed Kurd, likened the current situation to the lawyers' movement of 2007, which was sparked by challenges to judicial authority. Kurd expressed his disapproval of the current legislative process, stating, "What is happening now is being done secretly, but we have not learned to backstab." He criticized members of parliament who support the amendment without having seen its draft, questioning their ability to deliver justice.

 

Concerns About Judicial Appointments

Balochistan High Court Bar President Afzal Harigal echoed these sentiments, asserting that the legal community has sacrificed for the constitution and emphasized the need for robust debate regarding the amendments. He questioned why past discussions, such as those surrounding the eighteenth amendment, cannot occur now. Harigal voiced concerns for his province, saying, "I belong to a province where no article of the constitution protects me."

 

Islamabad High Court President Ali Azad expressed that no lawyer could support the proposed changes, arguing that the amendment would hinder the ability to file writ petitions regarding arrests made in the name of security. Azad labeled this a human rights issue, stressing that lawyers have historically refused to bow to pressure and will continue to do so.

 

Criticism of the Chief Justice

Supreme Court Advocate Faisal Siddiqui held the Chief Justice responsible for the current judicial crisis, claiming that the proposed amendment aims to create a seniority dispute within the Supreme Court. He raised concerns about potential conflicts between the new Constitutional Court and the Supreme Court, suggesting that the President's role in appointing judges could constitute judicial interference.

 

Lahore High Court Bar President Asad Manzoor Butt emphasized a collective stance among all bars for the supremacy of the Constitution, criticizing the government's lack of awareness regarding the draft. Peshawar High Court Bar President Fida Gul pledged support for judicial independence, asserting that lawyers will mobilize against the amendment.

 

Calls for Action

Lawyer leader Munir A. Malik warned that the situation is more precarious than in 2007, given that there is now a reference against the entire judicial system rather than a single Chief Justice. He condemned the constitutional amendment as an assault on judicial independence and questioned the credibility of a judiciary whose judges are appointed by the executive.

 

Malik also announced that following the meeting of the Shanghai Cooperation Organization on October 17, the legal community should wear black stripes in court as a sign of protest, signaling that their efforts to defend judicial independence will be unwavering.