Pro-govt lawyers' group divided on constitutional court

The Independent Group, a pro-government lawyers' faction, is facing internal division over the federal government's plan to establish a Federal Constitutional Court (FCC) as the new apex court of the country.

A majority of the Islamabad Bar Council, led by Raja Aleem Abbasi and affiliated with the Independent Group, has rejected the proposal.

Interestingly, despite their affiliations with the Pakistan People's Party (PPP) and the Independent Group, key figures such as Islamabad Bar Council member Raja Aleem Abbasi, Islamabad High Court Bar Association President Riasat Ali Azad, and Islamabad District Court President Shakil Abbasi
have voiced strong opposition to the creation of the FCC.

Interestingly, despite their affiliations with the Pakistan People's Party (PPP) and the Independent Group, key figures such as Islamabad Bar Council member Raja Aleem Abbasi, Islamabad High Court Bar Association President Riasat Ali Azad, and Islamabad District Bar Association President Israr Abbasi have voiced strong opposition to the creation of the FCC.

The PPP, however, is playing a leading role in pushing for the court's establishment.

In a show of resistance, these leaders organised an All Pakistan Lawyers' Convention at the Islamabad Judicial Commission on Monday, which saw the participation of over a thousand lawyers, all determined to oppose the proposed court.

During the convention, former senator Mustafa Nawaz Khokhar criticised the government's efforts, claiming that the judiciary was being made subservient to the executive.

Senator Kamran Murtaza of the JUI-F, another prominent figure within the Independent Group, has also been instrumental in halting the government's progress on the matter.

His resistance has forced the government to reconsider its strategy and focus solely on the FCC's creation.

Reports suggest that a heated exchange occurred between Murtaza and a senior government minister during a parliamentary committee meeting. The JUI-F, led by Maulana Fazlur Rehman, is expected to release a draft of constitutional amendments in the coming days.

Murtaza indicated to The Express Tribune that the draft would reflect the will of the people, with Maulana Fazlur Rehman already making it clear that no amendment would be supported if it allowed Chief Justice of Pakistan (CJP) Qazi Faez Isa to continue in any position.

Legal experts note that if FCC judges' retirement age is 65, CJP Isa would be required to retire on October 25.

Hamid Khan, head of the Professional Lawyers' Group, has expressed disappointment with the current conduct of CJP Isa, while a member of the Independent Group cautioned against making serving judges controversial.

Meanwhile, the Pakistan Bar Council has proposed 65 years as the retirement age for FCC judges.

Attention now shifts to the federal government as it prepares to table the constitutional amendment bill. However, reports indicate the government is still struggling to secure the necessary parliamentary support.

Although the bench led by CJP Isa played a role in increasing PML-N's seats in the National Assembly through a decision to restore the Election Commission of Pakistan's recounting order, and recently reversed the Supreme Court's interpretation of Article 63-A, paving the way for constitutional amendments, the government remains short of numbers in Parliament.

Interestingly, while PPP Chairman Bilawal Bhutto Zardari is taking a leading role in advocating for the FCC, the legal minds within PML-N have remained largely silent.

Some within the government have suggested creating a constitutional bench within the existing Supreme Court to handle constitutional issues, rather than establishing a new apex court.

Lawyers speculate that the majority of Supreme Court judges are planning to challenge the proposed constitutional amendment, citing a previous ruling in the Rawalpindi Bar Association case, where eight judges held that no constitutional amendment could violate judicial independence.

Many believe the FCC is being created solely to limit the influence of independent judges and exert greater control over the judiciary.