Opposition to Isa as new court head grows

Federal government faces hurdles on several fronts

ISLAMABAD:

After failing to go ahead with the proposed constitutional amendment package, the federal government is facing opposition in its ranks over the continuity of the Chief Justice of Pakistan Qazi Faez Isa as the chief justice of the proposed federal constitutional court (FFC).

Government Sources revealed to The Express Tribune on Wednesday that there was a proposal under consideration to appoint Chief Justice Isa as the chief justice of the proposed FCC.

They said that the government was embarrassed after its failure in even tabling the proposed constitutional amendment package on judicial reforms in parliament. They blamed Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman for it.

The sources confirmed that the government's legal team had received the draft of the constitutional amendments on Friday.

It is learnt that one section within the government suggests that notification of Justice Syed Mansoor Ali Shah's appointment as the next chief justice must be issued immediately.

On the other hand, a lawyer told The Express Tribune that despite issuance of the notification, judges would be sceptical because they didn't trust the government now.

He added that the government's strategy was clear – to create the FCC to make Justice Shah as an ineffective chief justice.

"They will keep on trying to create a constitutional court, if for nothing, just to blackmail the Supreme Court," he said on condition of anonymity. He also opined that although there was a little chance that Chief Justice Isa stayed in the office, yet the government would try to create the FCC.

The Independent Group, which is known as pro-government, arranged a convention recently, where Law Minister Azam Nazeer Tarar was invited to respond to the queries regarding the proposed amendments.

The arrangement was made by the Supreme Court Bar Association (SCBA).

All the representatives, who belonged to Independent Group have supported the creation of the FCC.

However, they expressed serious reservations on the manner in which the constitutional amendments were being pushed through.

Ahsan Bhoon, the head of Independent Group, questioned the exclusion of high courts' jurisdiction in the national security issues as well as the trial of civilians in the military courts. He also wondered as to how prime minister could appoint chief justice of the proposed FCC.

Bhoon suggested that chief justice of the proposed FCC should be appointed by the parliamentary committee, comprising treasury and opposition members. Interestingly, pro-government lawyers also opposed the transfer of high courts judges without their consent.

On the other hand, 16 retired judges have authorised senior lawyer Muneer A Malik – a leading figure in the lawyers movement in March 2007 – to approach the Supreme Court against the proposed FCC.

A retired Supreme Court judge, who belonged to Sindh, confirmed to The Express Tribune that he authorised Malik to challenge the creation of the FFC. He termed the creation of FCC a disaster. He said that nowhere in the world there were two supreme courts.

"Why the government does not consider incumbent Supreme Court judges and why it is considering retired judges for the proposed FCC, which goes against the basic structure of the Constitution," the former judge asked.

Likewise, the Professional Lawyers Group, led by Hamid Khan, would also hold a separate convention in Lahore.

They strongly opposed the idea of the FCC. Political analysts suggest that if the JUI-F does not agree, the proposed constitutional amendment about the creation of the FCC will not be passed.

The Pakistan Tehreek-e-Insaf (PTI) is also in touch with Maulana Fazl. The opposition party just wanted that Chief Justice Isa should retire on October 25.

After his retirement, the government would not be in a position to curtail the Supreme Court's powers, PTI sources said.