Proposed constitutional amendment challenged in Supreme Court

Lawyers' petition argued that the proposed amendment violates judicial independence and the separation of powers.

A petition challenging the government’s proposed constitutional amendment has been filed in the Supreme Court of Pakistan.

The petition, submitted by prominent lawyers including Abid Zuberi, Shafqat Mehmood Chauhan, Shahab Sarki, Ishtiaq Ahmed Khan, and Munir Kakar, calls for the proposed amendment to be declared unconstitutional.

The petitioners argue that the amendments are a direct violation of the principles of separation of powers and judicial independence, which are fundamental to the Constitution of Pakistan.

The petition calls on the Supreme Court to block the federal government from proceeding with the constitutional amendment and to declare it null and void.

The petition also emphasises that the judiciary's independence and powers are sacred and cannot be tampered with by Parliament.

It further claims that the proposed amendments would infringe upon judicial authority, thereby undermining the functioning of the judiciary.

In the petition, the federal government, all four provinces, the National Assembly, the Senate, and other stakeholders have been made respondents.

The petitioners are urging the Supreme Court to safeguard judicial independence and prevent any changes that could compromise the separation of powers.

Proposed amendment aims to prevent Justice Mansoor Ali Shah from becoming CJ: Abid Zuberi

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.