Lawyers decry 'judicial power grab'

KARACHI:

The legal fraternity, including members of the Karachi Bar Association, vehemently condemned the 26th Constitutional Amendment on Tuesday, decrying it as an attempt to undermine judicial powers.

During a press conference held at the Karachi Press Club, they announced plans for a robust movement against the amendment.

KBA president Aamir Nawaz Warraich alleged that the amendment aimed to appoint a chief justice of choice and appease the establishment.

He further criticised the process, saying the amendment was passed under the cover of darkness, without proper scrutiny, and asserted that it was fundamentally flawed.

Warraich highlighted the lack of substantial legislative activity in the past 15 days, citing a statement from JUI-F emir Maulana Fazlur Rehman, who claimed that without his involvement, the initial draft of the amendment would have passed.

He criticised the rushed passage of the 26th Amendment, which was approved in less than 26 days, asserting that it is an attack not only on the judiciary and the Constitution but on the people as well.

During the press conference, former president of the Supreme Court Bar Association, Munir A. Malik, expressed concern that the fight for judicial independence has regressed over the past 20 years.

He noted the ongoing debate about which cases would go to constitutional benches versus regular courts, with most cases—except for criminal and civil appeals—expected to be heard by constitutional courts.

Malik stressed that the struggle was not only for lawyers but also for the public, asserting that the judiciary has never been truly independent. He stated that all cases involving constitutional issues, such as Articles 4 and 9, would inevitably be transferred to constitutional courts.

The speakers unanimously agreed that the bar association would not tolerate any attempts to undermine judicial appointments or reforms, maintaining that access to justice should not be limited.

Malik further expressed his confidence in the Karachi Bar and the Sindh Bar Council's historic role in advocating for judicial independence.

Senior legal expert and Sindh Bar Council member Haider Imam Rizvi reflected on the lengthy discussions surrounding the 18th Amendment, which was welcomed by lawyers who supported provincial autonomy.

He criticised the political leadership's urgency in pushing the 26th Amendment, noting that the public's trust in both parliament and the judiciary is waning.

Rizvi pledged to challenge the unconstitutional clauses of the amendment in every forum available.

Vice President of the Sindh High Court Bar Zubair Abro declared that the parliament does not have the power to alter fundamental principles, asserting that the amendment fundamentally alters the Constitution's structure.

He reiterated that the lawyers' community would not support any efforts to subjugate the judiciary.

The Karachi Bar Association's leaders concluded their statements by emphasising their commitment to mobilising against the amendment, rallying support from all segments of the legal community, and reiterating their determination to safeguard judicial independence in Pakistan.