Say 27th Amendment poses ‘greatest threat’ to SC in ‘most radical restructuring of the court’ in letter to CJP
Justice Yahya Afridi. PHOTO: FILE
PAKISTAN:
Senior lawyers and retired judges wrote to Chief Justice of Pakistan (CJP) Yahya Afridi on Monday, warning that the proposed 27th Constitutional Amendment poses the “greatest threat” to the Supreme Court since its inception.
The letter, penned by Advocate Faisal Siddiqi,and endorsed by several prominent retired judges and senior advocates, describes the proposed amendment as “the biggest and most radical restructuring of the Supreme Court of Pakistan since the Government of India Act, 1935”.
The proposed 27th Constitutional Amendment makes sweeping changes to Pakistan’s judicial, administrative, and federal structures. Major features include establishment of federal constitutional courts in the capital and the provinces, changes in judges’ transfers and introduction of executive magistrates.
Read: Judiciary weighs response to 27th Amendment
The proposed draft also brings to Article 243 of the Constitution, pertaining to the command of the armed forces. With the 27th Amendment, the government intends to abolish the post of Chairman Joint Chiefs of Staff Committee, create a new Chief of Defence Forces role, and grant lifetime terms and immunity to the Field Marshal as well as Air Chief Marshall.
Critics within the legal community warn that the amendment would undermine judicial independence and weaken the Supreme Court’s authority.
Senior lawyers and retired judges have described the draft bill as a “radical restructuring” that risks subordinating the judiciary and centralising power in the federal executive and military command.
“It should be obvious to your Lordship as the principal custodian of the Supreme Court that the proposed amendment permanently denudes the apex court of its constitutional jurisdiction,” reads the letter.
The signatories refrained from discussing specific clauses of the proposed amendment and urged CJP Afridi to convene a Full Court “immediately and without delay” on the matter.
The senior lawyers noted that the proposed bill is likely to be passed “by November 11 or any day thereafter”.
In a sharply worded passage, the signatories cautioned that if the CJP declines to act “on the pretext of neutrality or non-interference,” he might as well effectively “reconcile to being the last Chief Justice of Pakistan” and accept “the demise of the Supreme Court as the highest court in the country”.
Read More: PM, senators feast on halwa after finalizing 27th Amendment
Terming the matter one as one of “utmost public importance,” the lawyers stated that they were releasing the letter to the media “in the interest of transparency”. The communication was sent via WhatsApp to the CJP’s secretary, Muhammad Yasin, and is to be delivered through courier in due course.
Signatories to the letter include:
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Justice (retd) Mushir Alam, former senior puisne judge, Supreme Court
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Justice (retd) Nadeem Akhtar, former senior puisne judge, Sindh High Court
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Muneer A Malik, former attorney general of Pakistan
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Muhammad Akram Sheikh, former president, Supreme Court Bar Association
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Anwar Mansoor Khan, former attorney general of Pakistan
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Ali Ahmad Kurd, former president, Supreme Court Bar Association
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Abid S Zuberi, former president, Supreme Court Bar Association
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Kanrani B Amanullah, former president, Supreme Court Bar Association
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Khwaja Ahmad Hosain, advocate Supreme Court
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Salahuddin Ahmed, advocate Supreme Court
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Shabnam Nawaz Awan, advocate Supreme Court
