PTI to mount legal challenge

LAHORE:

The Pakistan Tehreek-e-Insaf (PTI) has condemned the 26th Constitutional Amendment, calling it an assault on the essence of the Constitution, and announced its decision to challenge the Amendment in the Supreme Court.

Speaking at a press conference at the Lahore Press Club on Monday, PTI Secretary General Salman Akram Raja declared that the country has been "subjugated" under what he called a "fake government" following the amendment's passage.

Joined by Punjab Assembly Opposition Leader Malik Ahmad Khan Bhachar, Raja expressed deep concern over the changes introduced by the amendment.

"Pakistan has changed. We have entered the dark ages, and there is nothing left to defend in the country. Now, the only path forward is through struggle, and relief will come from the streets," he said, signalling a call for mass protests.

Raja warned that the legal fraternity is ready to launch a nationwide movement of lawyers against the controversial amendments. He urged the public to grasp the severity of the situation and join in the resistance.

The PTI leader also took a hard stance against party members who supported the government in passing the amendment, which he said violated party policy.

"Those who defected will not only be dismissed from the assembly but also expelled from the party," Raja said, making it clear that any PTI lawmakers or senators who deviated from the party's stance would face strict consequences.

Raja also touched on the judiciary's independence, recalling that since 1996, there had been significant strides to ensure the chief justice was not influenced by the prime minister.

He criticised those he claimed were undermining the legal profession's struggle, saying, "Those who once claimed to be the protectors of the Constitution have betrayed the lawyers' movement and undermined their own authority."

He expressed concerns about how constitutional matters will be handled by the judiciary, noting that constitution benches in high courts are expected to hear cases against the government, which he suggested may not ensure impartiality.

Raja also criticised the Charter of Democracy, calling it a flawed agreement between two political parties rather than a constitutional milestone.

He alleged that the current assembly has destroyed the spirit of the Constitution. He also expressed fear that more constitutional amendments could follow in the future.

In response to media questions, Raja alleged that the government, with the support of their masters and hand-picked judges, the government intends to keep PTI founding chairman Imran Khan behind bars for an extended period.

However, he vowed that the party would not allow Imran's prolonged detention.

 

However, the PTI leader noted that change cannot be achieved by a single individual, urging the entire nation to unite in defence of their constitutional rights.

 

Challenges to amendment in SC

In a related development, senior Supreme Court lawyer and PTI leader Hamid Khan announced his decision to challenge the 26th Constitutional Amendment in the top court.

Speaking to the media outside the court, Hamid Khan declared, "Today and yesterday are dark days for the Constitution. We will challenge the amendment in the Supreme Court".

He alleged that votes in favour of the amendment were secured through horse-trading, resulting in a distortion of the Constitution.

Hamid Khan further stated that a special action committee would be formed, including members of the High Court Bar Association, Supreme Court Bar, and district courts.

"We will devise our strategy and, after October 25, the judiciary will work to protect itself. We will only recognise the most senior judge, Mansoor Ali Shah, as the chief justice of Pakistan after October 25. We will not acknowledge anyone else as the chief justice besides him," he asserted.

Similarly, the Karachi Bar Association has rejected the 26th Constitutional Amendment, according to a statement issued by its president, Aamir Nawaz Warraich.

 

The association condemned the passage of the amendment, criticising the non-transparent and rushed manner in which it was approved without any substantial debate.

While acknowledging the Parliament's right to amend the Constitution, Aamir Nawaz Warraich criticised the process used, calling it a "stain on democracy".

He further questioned why there was no valid reason for not nominating Mansoor Ali Shah as the chief justice. "A notification should be issued to appoint Mansoor Ali Shah as chief justice," he demanded.

Warraich expressed concern over the formation of a politically driven judicial commission for the appointment of judges, stating that this would be an attack on the independence of the judiciary and could obstruct ordinary citizens' access to justice.

He stressed that CJP Qazi Faez Isa should not have any role in the judicial commission or in the appointment of judges to constitutional benches.

The Karachi Bar Association feared that CJP Isa, who has only four days left until retirement, might support the appointment of judges aligned with the executive's interests.

The association vowed to closely monitor the situation and safeguard the judiciary's independence. "The relevant authorities must step in to protect the judicial system," Warraich demanded.