Proposed amendment aims to prevent Justice Mansoor Ali Shah from becoming CJ: legal expert

Former SCBA chief claims proposed amendments could create two courts, leading to the appointment of two chief justices

Former President of the Supreme Court Bar Association Abid Zuberi has claimed that the proposed constitutional amendments are designed to prevent Justice Mansoor Ali Shah from becoming chief justice.

In an exclusive interview with a local private TV channel, Abid expressed concern over the amendments, stating they could drastically alter the judiciary’s structure and end judicial independence in Pakistan.

Abid pointed out that although the full draft of the amendments has yet to be made public, the most concerning aspect is the government's proposed authority to appoint the chief justice from a panel.

He claimed this move appears to be aimed at preventing Justice Mansoor Ali Shah from assuming the top judicial position. "The government would have complete control over the judiciary if these amendments pass," Abid stated.

He also expressed concern about potential changes to Article 175-A, which governs judicial appointments, and questioned the future of the Supreme Court should a Constitutional Court be introduced.

Additionally, Abid mentioned that the amendments include provisions for transferring judges from the Islamabad High Court.

He referenced a letter written by six of the eight IHC judges, raising concerns about interference and suggesting the government may be planning to transfer these judges.

Former federal minister Khursheed Shah meanwhile explained that the draft of the proposed constitutional amendments could not be released until it was approved by the federal cabinet—a prerequisite for passing the constitutional amendment bills before they passed through parliament.

Deadlock delays constitutional bill

In a continuing political standoff, the Pakistan Muslim League-Nawaz (PML-N)-led ruling coalition and the Jamiat Ulma-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman remained at an impasse over the proposed constitutional package on Sunday.

Both the National Assembly and Senate, which were urgently convened to pass the proposed bill, ended their sessions without progress as the political leadership couldn't agree on draft amendments in a flurry of meetings that continued throughout the day, prolonging the political stalemate and delaying any potential resolution.

After changing the timing of the federal cabinet meeting as well as the parliamentary sessions, efforts were made to build up consensus over changes in the package at Maulana's residence and during the special committee's meetings held at the Parliament House.

Finally, the sessions were adjourned till Monday (today) afternoon.

The special committee meetings, chaired by Khursheed Shah of the Pakistan Peoples Party (PPP), met with frequent intervals but ended without reaching a resolution to the contentious issues, leaving the deadlock on the constitutional amendments unresolved.

The government presented the main points of the proposed amendments, but the draft was not provided to anyone. Though, Information Minister Ataullah Tarar said that the draft was shared with the JUI-F leadership.

However, JUI-F spokesperson Aslam Ghauri told The Express Tribune that no draft was shared with the party and everything was discussed verbally, adding that it was difficult to support what had not been shared in writing.

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