JUI-F unveils own draft but remains flexible

Draft bill proposes ending riba at state level, Suggests copy of any bill be forwarded to CII

ISLAMABAD:

The JUI-F has presented its draft regarding constitutional amendments before a special committee of the National Assembly and proposed to leave a way open for altering the appointment, re-appointment or extension of the services chiefs' tenures if the government decides to give constitutional cover to the same in its 26th constitutional amendment bill.

The JUI-F draft also proposes, among other things, to constitute a constitutional bench within the Supreme Court instead of creating a separate Federal Constitutional Court (FCC); repeal 19th constitutional amendment; end riba (interest) at state level; and ensures that copy of a bill laid in either of house of parliament shall immediately be forwarded to the Islamic Ideology Council.

The JUI-F's proposals have come on the heels of a complete draft by the PPPP and an incomplete one by the ruling PML-N as it has so far only shared judiciary-related amendments before the committee.

All the three parties have so far given different suggestions regarding constitutional court as the PML-N wants it at the federal level only, the PPPP proposes to have it at both the federal and provincial levels while the JUI-F only wishes to establish a constitutional bench in the Supreme Court.

Following the proposals of the three major parties, the committee headed by PPPP's Khursheed Shah decided on Saturday to constitute a sub-committee and tasked it to deliberate on the proposed drafts submitted so far and prepare a working paper, which should be presented before the committee on Monday.

The committee members said that the PTI was also expected to soon present its proposed draft before the committee. Though the extension in the tenure of services chiefs, especially of chief of army staff, has remained a sensitive subject in Pakistan, the JUI-F through its 24-point draft has proposed an amendment in Article 243 of the Constitution by adding clause 5 to it.

The proposed clause states: "The Appointment, re-appointment, extension in service, removal as services chief's shall be in accordance with the laws relating to Armed Forces, but once appointed, re-appointed or an extension in service is made, the same shall not be altered unless such question is placed before a special committee of both the houses with equal strength having regard of each parliamentary party; duly constituted by the chairman Senate and the speaker of the National Assembly and the said committee suggests so to the President of Pakistan."

When approached, JUI-F leader Kamran Murtaza said the party has responded to the amendment proposed by the government in the original draft, which the government failed to table last time—after it failed to persuade JUI-F chief Maulana Fazlur Rehman to direct his party to vote for the government-proposed amendments.

Murtaza while talking to The Express Tribune said the JUI-F has just tried to dilute the proposal and proposed a way to leave some space for reopening the matter.

He, however, said the JUI-F has no interest in it and if the government does not mention it in its would-be draft, then the JUI-F will delete it from the proposals. He emphasized that it was only in response to the government's original draft.

Another JUI-F leader Shahida Akhtar Ali credited the Maulana for not only blocking the government's move the last time but paving the way for deliberating on constitutional amendments in the committee, which includes representation from the PTI as well.

"No one is noticing the fact that the PTI was not only a part of the deliberation but also preparing its own draft," she said. "The credit for this goes to the Maulana as he wishes to create a larger consensus on the constitutional amendments."

The JUI-F draft suggested an amendment in Article 38 of the Constitution, saying the "State shall eliminate all kinds of Riba at state level and in all private institutions by 1st January 2028; and shall introduce the Islamic Monetary System free from all kinds of Riba."

In April 2022, the Federal Shariat Court (FSC) had asked the then government to eliminate Riba from Pakistan by December 31, 2027 after declaring its prohibition in all forms and manifestations to be Islamic and in accordance with the holy Quran and Sunnah.

Back then, the government had announced to implement the FSC decision, implying that it would transform the existing interest-based banking system to an interest-free model in the next five years.

Among other things, the party has proposed that an amendment be made in Article 175A of the Constitution. It reads: "Repeal 19th Amendment to The Constitution of Islamic Republic of Pakistan and restore the 18th Amendment to the Constitution of Islamic Republic of Pakistan, to the extent of appointment of judges." The 19th amendment had given authority to the chief justice of Pakistan to initiate nomination of a judge, whom he considered suitable for elevation to the Supreme Court.

The party also wishes to give 'qisas and diyat' a constitutional cover by adding these words in Article 203-DD(1), after the word, 'Hudood'. Through an amendment in Article 175, it has proposed to insert the following provision after Article 175(1).

"Provided that there shall be constitutional benches in the Supreme Court and each of the High Court(s), consisting of five (5) most senior judges in the Supreme Court including the chief justice. Whereas, in the high court(s) the bench shall consist of three (3) most senior judges, including chief justice(s)."

On Friday, the federal government tabled its "incomplete' draft of the constitutional amendments before the special committee, proposing not only the establishment of the FCC with retirement age of its chief justice to be 68 years but a fixed three-year term for the FCC's top judge if he has served in the Supreme Court.

The ruling PML-N's draft also proposes that the term of the chief justice of the Supreme Court shall be three years or if he/she attains the age of 65 years. The special committee would further deliberate on the proposals in line with the working paper of the sub-committee on Monday at 3:30pm in parliament.