PTI finally in loop on judicial reforms

Party seeks final nod from Imran Special committee approves draft Bilawal meets Fazl in last-ditch effort

ISLAMABAD: Pakistan Tehreek-e-Insaf (PTI) is just a step away from sealing a consensus with Jamiat Ulema-e-Islam-Fazl (JUI-F) over the 26th Amendment draft, according to party chairman Barrister Gohar.

Addressing the media after key talks with Maulana Fazlur Rehman, Gohar stated that the PTI had nearly crossed the finish line and was now waiting on founder Imran Khan's green light.

The PTI's negotiations coincided with the special parliamentary committee's announcement that it had reached a consensus on the 26th Amendment.

"We have almost reached a consensus with Maulana sahib. When Imran Khan provides his input tomorrow, we will present that draft," Gohar said, signalling that the final touches were in progress.

Gohar noted that discussions with the JUI-F leader were held at the request of Imran Khan. "On Imran Khan's request, we have had meetings with Maulana sahib," he stated while addressing the press.

Despite efforts to conclude the talks the previous day, Gohar explained that further discussions had taken place. "We hoped that we would reach a consensus yesterday. Today, we met Maulana sahib to reach that consensus," he continued.

According to Gohar, the fourth draft, which was presented during the talks, was the same one being discussed with the JUI-F.

Gohar further clarified that PTI plans to submit a formal request to meet Imran Khan the following day for his approval of the final draft.

"We have not been allowed to meet Imran for two weeks," Gohar revealed, pointing out the difficulties PTI has faced in accessing its incarcerated leader. He added that even PTI doctors had been denied access to Khan during this time.

"According to his input, we will present our final version," Gohar concluded, signalling that the party was in the final stages of wrapping up the draft once Imran Khan's feedback was incorporated.

Consensus reached, final draft approved

Meanwhile, the special committee of the National Assembly constituted to deliberate on the proposed drafts for the 26th constitutional amendment finally reached a consensus and approved a final draft, setting the stage for its approval from the federal cabinet and the Parliament.

The news about consensus was shared by none other than the committee head, Khursheed Shah, saying the committee has finally finalised the final draft containing 26 amendments.

However, soon after the meeting, the committee members belonging to PTI conveyed their reservations saying that the final approval was linked with a meeting with incarcerated PTI founding chairman Imran Khan.

Since the lobbying started on the proposed 26th constitutional amendment, a flurry of activities has been witnessed on the political chessboard ranging from high-profile meetings to in-camera deliberations and from allegations of wheeling and dealing to alleged abduction of the lawmakers and their family members to complete numbers required for passing the bill.

Friday was no different. Apart from the committee meeting, PPP Chairman Bilawal Bhutto Zardari as well as PTI Chairman Barrister Gohar Khan along with their delegations met with JUI-F chief Maulana Fazlur Rehman to address the concerns regarding the proposed bill and alleged violations of lawmakers and their families' human rights.

Just like the previous month when the government had hurriedly called sessions of both the houses of the Parliament, the two houses remained in session at the same time with fake news circulating that the cabinet session was also in motion and chances are that the committee-approved draft would be stamped by the cabinet and introduced in either house.

However, two cabinet ministers confirmed to The Express Tribune that no cabinet meeting took place on Friday. On Saturday, both the houses will be in session while a cabinet meeting is expected to give approval for the draft approved by the committee.

Nevertheless, amid claims and counterclaims, the 10th meeting of the NA committee concluded deliberations on the drafts presented by the PML-N, PPPP, JUI-F and ANP. The final draft shows that the committee has decided that the Chief Justice of Pakistan (CJP) shall be appointed on the recommendation of a 12-member Special Parliamentary Committee from among the three most senior Judges of the Supreme Court.

The draft says that the committee shall send the name of the nominee to the prime minister who shall forward the same to the president for appointment, adding provided that where the nominee under this clause declines, the next most senior judge shall be considered by the committee and so on till the appointment of CJP.

The proposed Article states that the committee, by the majority of its total membership, within 14 days before the retirement of CJP shall send the nomination. It adds that the first nomination after the commencement of the 26th constitutional amendment shall be sent within three days before the retirement of CJP.

Moreover, an amendment to Article 179 stipulates that the Chief Justice's term shall be three years, or until he resigns, reaches the age of 65, or is removed from office in accordance with the Constitution—whichever comes first. It further clarifies that the Chief Justice will retire at the end of the three-year term, regardless of reaching the age of superannuation.

Amendment in Article 184 says that "the Supreme Court shall not make an order or give direction or make a declaration on its own or in the nature of suo motu exercise of jurisdiction beyond the contents of any application filed under this clause."

High courts have also been barred from doing so. Article 186A empowers the Supreme Court to transfer cases, appeals or other proceedings, pending before any high court to any other high court or to itself.

Insertion of Article 191A states that there shall be as many constitutional benches of the Supreme Court, comprising such judges and for such term, as may be determined by the Judicial Commission of Pakistan, from time to time. Provided, it adds, the constitutional benches may, as far as practicable, comprise an equal number of judges from each province.

It adds that only the constitutional benches shall exercise original, appellate and advisory jurisdiction. Following the passing of the proposed bill, all cases shall stand transferred to the constitutional benches.

Amendment in Article 193 proposes that a person shall not be appointed as a judge of a high court unless he is a citizen of Pakistan, and is not less than 40 years of age. A clause of the bill says that the commission constituted for the judges' appointment shall conduct an annual performance evaluation of judges of the high courts.

Through proposed Article 9-A (clean and healthy environment), it is said that every person shall be entitled to a clean, healthy and sustainable environment. An amendment of Article 38 sets the date for the elimination of Riba (interest) from the state level. It substituted the words "as early as possible" to the expression "as far as practicable, by the 1st January 2028" – a date which was given by JUIF.

The proposed amendment in Article 48 says that any advice tendered to the president by the cabinet or the prime minister shall not be inquired into in, or by, any court, tribunal or other authority.