Karachi Bar rejects 26th amendment, warns of risks to judiciary's independence

KBA President Aamir Nawaz Warraich criticises the litigation, calling it 'non-transparent'

KARACHI:

The Karachi Bar Association )KBA) has rejected Pakistan’s 26th Constitutional Amendment, expressing strong condemnation over its passage. The association’s president, Aamir Nawaz Warraich, criticised the process, calling it "non-transparent" and passed without proper debate.

In a statement, Warraich said, “While we recognise parliament's right to amend the Constitution, the method used is a stain on democracy.”

He further criticised the decision not to nominate Justice Mansoor Ali Shah as the next chief justice, demanding the issuance of his appointment notification.

“The political dominance in the Judicial Commission will now oversee judge appointments, which is a direct attack on the judiciary’s independence,” he warned, adding that the move could obstruct access to justice for ordinary citizens.

Warraich also voiced concerns about the involvement of Chief Justice Qazi Faez Isa in the judicial commission and constitutional bench appointments, stating, “With only four days until his retirement, there is fear that he may assist in appointing judges with an executive mindset.”

The Karachi Bar Association pledged to safeguard judicial independence and called on the relevant authorities to protect the judicial system.

Earlier today, after the Senate passed the 26th Constitutional Amendment Bill 2024 with a two-thirds majority on Sunday evening, the National Assembly also passed the heavily contested bill with a two-thirds majority. The government needed to secure 224 votes to go over the line and it managed to secure 225 votes as some opposition members staged a walk out.

The bill was presented in the National Assembly by Law Minister Azam Nazeer Tarar during a session that commenced late Sunday night and extended into the early hours of Monday morning.

The bill had been in development for some time, with discussions facilitated by a special parliamentary committee formed last month. The committee included representatives from all political parties, including the PTI, and reviewed various proposals to finalise the bill's content.

Bilawal extended his gratitude to several political parties, including the Pakistan Muslim League-Nawaz (PML-N), Muttahida Qaumi Movement-Pakistan (MQM-P), Independent Parliamentary Group (IPP), JUI-F, Awami National Party (ANP), and others for their cooperation.

Notably, he also acknowledged the Pakistan Tehreek-e-Insaf (PTI)

However, PTI’s Leader of the Opposition in the National Assembly, Omar Ayub Khan, took the opportunity to criticise the amendments, arguing that they failed to reflect the true will of the Pakistani people.

The PTI alleged that seven of its lawmakers had been “abducted” and accused the government of attempting to enact the amendment under duress.

PTI Chairman Barrister Gohar Ali Khan, voiced strong opposition to the recent constitutional amendments in alignment with his party's stance.