Lawyers' moot threatens nationwide protests

KARACHI:

In a resolute stand against the proposed constitutional amendment, the lawyers closed ranks on Tuesday, threatening nationwide protests if the ruling coalition pushes ahead with establishing a constitutional court.

Former presidents of the Supreme Court Bar Association (SCBA) and leading legal figures voiced fierce opposition to the amendment during the All Pakistan Lawyers Convention.

They warned that the role of a judge in this court would be reduced to a mere contract, turning the judiciary into a system run by hired hands.

Comparing the draft to "a bone tossed to a hungry dog," the lawyers cautioned that every chief justice would scramble for it.

"This draft is nothing short of an East India Company revival," they cautioned, predicting that lawyers would soon be left begging outside the gates of GHQ for judicial appointments.

The proposed amendment, they stressed, strikes directly at the heart of the legal community, vowing not to let such a disgraceful change see the light of day.

The convention resolved to reject the proposed constitutional amendment outright and demanded that the draft be published on a public website for feedback from legal bodies. The lawyers also planned a protest at the Shanghai Cooperation Organisation summit on October 17, wearing black armbands to signal their dissent.

 

The convention, organised by the Karachi Bar Association at the City Court parking area, saw participation from prominent figures, including former SCBA presidents Hamid Khan, Ali Ahmed Kurd, Abid Zuberi, and other legal dignitaries.

Addressing the convention, Hamid Khan, former SCBA President, lamented the proposal for a constitutional court, stating that such courts exist in unified systems like those in India, Sri Lanka, and the United States, but Pakistan has no such need.

He warned that if the alternative law was enacted, justice would elude the people. "If there's a flaw in a building, you fix it; you don't tear it down."

He also criticised the judiciary, saying that it had failed to perform as expected, and accused political and military elites of manipulating power.

Hamid Khan alleged that the amendment draft originated from the military establishment, rather than the government. "I supported [CJP] Qazi Faez Isa when he ruled against military courts, but personal greed has turned him into a tool of the establishment."

He urged the legal fraternity to stand firm against the amendment, describing it as a degradation of the legal profession.

In his fiery speech, Ali Ahmed Kurd warned that the proposed amendments would leave permanent black marks on the Constitution.

Recalling the audience of the historic lawyers' movement of 2007, he stated, "We once said our hands would be around the dictator's neck, and we did it. Today, the generals hide behind curtains, but we will not allow them to succeed in their covert moves."

Muneer A Malik, another former SCBA president, raised concerns over the appointment of judges under the new amendment, arguing that executive appointments would undermine judicial independence.