Lawyers demand full court on 26th Amend
The legal community has called for the formation of a full-court bench of the Supreme Court to hear petitions against the 26th Amendment, urging the Judicial Commission of Pakistan (JCP) to postpone its upcoming meeting on filling eight vacant top court seats.
The demand was made during the All Pakistan Lawyers' Convention held at the Lahore High Court (LHC) on Saturday, where lawyers from across the country gathered under the banner of protecting judicial independence.
Speakers at the convention alleged that the government was attempting to appoint its 'favourite candidates' to the Supreme Court, warning that the move was a direct threat to judicial independence.
They also warned against bypassing seniority in appointing the next chief justice of the Islamabad High Court (IHC) and threw weight behind the letter written by the judges of the IHC.
The lawyers urged the Judicial Commission of Pakistan (JCP) to postpone its February 10 meeting, which is scheduled to consider filling eight vacant SC judgeships.
The convention also voiced solidarity with journalists against amendments to the Prevention of Electronic Crimes Act (PECA), condemning what they called an attack on press freedom.
PTI senator and senior lawyer Hamid Khan said the lawyers' movement against the 26th Amendment was already in full swing, warning that history would remember former CJP Qazi Faez Isa for setting the stage for horse trading.
He asserted that the rightful chief justice in the eyes of the legal fraternity was Justice Mansoor Ali Shah, who was sidelined last year in favour of Justice Yahya Afridi for the top slot. "Chief Justice Yahya Afridi disappointed us, our CJP is Mansoor Ali Shah."
Taking aim at the government, he said those in power were nothing more than puppets on a string and that parliament had been reduced to a rubber stamp with no real authority.
"Qazi Faez Isa paved the way for floor crossing. The decision on Article 63-A was correct. A senator was brought in to cast his vote for the 26th Amendment while undergoing dialysis," he alleged, adding that a female senator was kidnapped and coerced into voting for the amendment.
Moreover, he claimed that certain elements within the top court were in cahoots with the establishment.
"Our struggle is gaining momentum," the PTI leader said, demanding that a full-court bench hear the petitions filed by lawyers' organisations against the amendment.
He alleged that some individuals in the apex court were doing the establishment's bidding, regretting that the CJP let the legal fraternity down the moment he assumed office. "We will not allow political appointments to infiltrate the apex court."
Lashing out at the government benches, he said they were not a true parliament but merely a numbers game with no real mandate.
He accused Prime Minister Shehbaz Sharif and Law Minister Azam Nazeer Tarar of being unaware of the details of the 26th Amendment, dismissing them as "products of Form 47" and urging them to restore respect to their offices.
Suspended Supreme Court Bar Association (SCBA) Secretary Salman Mansoorwho was suspended for opposing the 26th Amendmentclaimed that politicians believe there is "no need for a constitution in society," which is why they introduced this amendment to serve their vested interests.
Lamenting the state of the judiciary, he said that instead of standing by the Constitution, judges chose to sit on constitutional benches to pursue personal agendas.