PTI urges CJ to desist from 'court packing'

Seven-member delegation meets CJ Afridi Reiterates firm rejection of 26th Amendment

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ISLAMABAD:

The Pakistan Tehreek-e-Insaf (PTI) leaders met with Chief Justice of Pakistan Yahya Afridi on Friday to convey that the party did not recognise the 26th Constitutional Amendment—the very amendment that paved the way for the his appointment—and urged him to refrain from "court packing".

Additionally, the seven-member PTI delegation urged the chief justice to "put your house in order" and ensure the rule of law and the Constitution in the country, asserting that the justice system had been reduced to an "instrument of crime" under his watch and it was his responsibility to fix it.

The PTI delegation, comprising National Assembly Opposition Leader Omar Ayub, Senate Opposition Leader Shibli Faraz, PTI Chairman Barrister Goahr, Secretary General Salman Akram Raja, Senator Ali Zafar, MNA Sardar Latif Khosa and renowned lawyer Dr Babar Awan, poured their hearts out before the chief justice on the "overall deteriorating situation" of the rule of law and Constitution in the country.

"Put your house in order," Khosa asked the chief justice, while speaking at a press conference after the meeting. "Five judges of the Supreme Court have repeatedly written that the 26th Amendment should be decided first and until then, there should be no court packing."

Khosa said that "we used the word court packing," adding court packing—the practice of increasing the number of seats on a court in order to admit judges likely to further one's own ends or make decisions in one's favour—is happening and the next generations will suffer the consequences of it.

Khosa said that PTI lawmakers told the chief justice that he needed to put his house in order, adding what a common man could expect from judiciary where judges of a high court were running from pillar to post seeking justice. He urged the chief justice to refrain from court packing without first deciding the petitions related to 26th Constitutional Amendment.

During the press conference, Omar Ayub revealed that the chief justice had sent PTI founder Imran Khan's letter on May 9 and November 26 to the constitutional bench, saying "we said we don't recognize 26th Constitutional Amendment". He said commissions should look into the incidents in line with Khan's letters.

Without specifying much, Ayub specifically mentioned that he took permission from Khan thrice in the presence of other party leaders for holding a meeting with the chief justice. He added that Khan had instructed the party leaders to raise the issue of military courts trying civilians with the chief justice, which the party did.

"The rule of law is not only crucial but linked with political and economic progress," Ayub told the chief justice, adding that the party leaders and workers had continuously been booked in dozens of cases and continuously been harassed. "Protecting judiciary is your responsibility and, being the chief justice, you should leave a legacy of taking steps for the rule of law and the Constitution," Ayub said.

He said a dossier had already been provided to the chief justice regarding the overall deteriorating situation of rule of law, role of agencies, justice system, among other things, adding that details and proposals regarding reforms in district and higher judiciary would soon be submitted to the chief justice.

Ayub said the issues of Imran and his spouse Bushra Bibi's court dates, lack of access of PTI leaders, lawyers and relatives to the couple and the treatment being meted out to the former prime minister in prison were raised. He mentioned that the status of other incarcerated PTI leaders and workers, missing persons and abducted party supporters were also discussed with Chief Justice Afridi.

Barrister Gohar said that the delegation apprised him that the PTI had been facing "fascism for the past couple of years". He said that the chief justice had shared agenda of the National Judicial Policy Making Committee (NJPMC) meeting and sought PTI's suggestions on it, adding that the PTI would soon submit its suggestions.

The PTI chairman said that the chief justice was briefed in detail about how Khan and his wife were being treated unfairly as their cases were not being fixed for hearing on time, Khan was sometimes kept in isolation, the authorities deprived him of books and exercise machine, he was not allowed to talk to his children and meet his wife.

"This all is for us and most of it is being done in Punjab," Gohar said. "No one takes your [CJ] court order seriously," Gohar told the chief justice, adding that the orders pertaining to notification of PTI's MNAs or Senate elections, among others, were not being implemented.

He said "enforced disappearance" of the PTI MNAs and how their families were being treated were also brought into the chief justice's notice. Gohar also said that the chief justice assured the PTI that he would take steps to find out solutions for the issues raised by the delegation.

Salman Akram Raja said that the PTI delegation told the chief justice that, practically, no constitution or law exists in the country. The PTI secretary general, while referring to routine notifications of deputy commissioners imposing Section 144, said that all the constitutional rights of the people were suspended with such notifications.

"If judiciary keeps allowing it then it becomes an accomplice in all of it," Raja said, adding that it was judiciary's responsibility to issue such directions that ensured rule of law and the Constitution in the country.

"It shouldn't be happening that a man is booked in 100 cases across the country if he talks about something," he said, adding that a man shouldn't be forced to run from one court to another, seeking bail and still got arrested because he was booked in four other cases in the meanwhile.

"At this point, the entire justice system has been turned into an instrument of crime," Raja told the chief justice, saying it was judiciary's responsibility not only to stop it but hold the persons concerned accountable for booking a man in 100 cases, and provide protection to the citizen concerned.

"Right now," he said, "the justice system is openly being used as an instrument and if the judiciary doesn't intervene, the people of Pakistan will be forced to take the matters in their hands."

Raja said that the PTI didn't get the kind of relief that it should have gotten from the courts. He told the media persons that the PTI had clearly told the chief justice that "it was incumbent upon him to practically implement the rule of law and the Constitution in the country".

Raja reiterated that the PTI had objection to the contents, as well as the way the 26th Amendment was passed. He said it was evident before all how parliamentarians were "abducted" to pass the amendment.

"The whole situation is not hidden from anyone; it's not hidden from the chief justice as well," Raja said, adding that the whole situation was elaborated in detail before the chief justice and the PTI would now see how he took action in the coming days.

SC's statement

Meanwhile, soon after the PTI leaders' press conference, the Supreme Court issued a press release regarding the chief justice's meeting with the PTI delegation. "As part of his endeavours to take wider stakeholders consultation on the reform agenda," the SC statement said, the CJP invited the opposition leadership in the parliament and met the PTI leadership at his residence.

The handout said that the chief justice welcomed the PTI delegation and apprised them of the planned meeting of the NJPMC. It added that the chief justice informed that he met with Prime Minister Shehbaz Sharif and requested him to provide the government's input on the reforms agenda. He said that the prime minister was very positive and assured full support to the policy formulation and implementation process.

Chief Justice Afridi said that the Law and Justice Commission had received inputs from different bars of the country, feedback of the citizens as well as the district judiciary, adding that inputs of the registrars of the high courts and provincial judicial academies was expected soon.

He said the prime minister was concerned about the tax cases, pending at various judicial forums, before adding that he assured the prime minister that quick disposal of tax cases, as well as reduction of overall pendency in the Supreme Court was his high priority. "The judicial reform should become a Minimum Common National Agenda and the same should have a bipartisan support," the chief justice suggested to the PTI delegation.

The note said that Ayub highlighted various issues faced by the incarcerated PTI founder, other leaders and workers of the party and complained that cases of the opposition leadership were fixed at different locations at the same time deliberately, so that appearance before courts become impossible, lawyers defending cases of the party leadership and the workers were being harassed, jail authorities were not complying with the orders of the courts, terrorism cases were registered against the PTI lawyers and their right to assembly and expression was being suppressed.

Ayub further said that economic stability of the country hinged upon the rule of law and economic recovery was only possible if the judiciary asserted itself and the executive was made accountable, it said, adding that other participants also expressed similar views and voiced their concerns over the deteriorating condition of law and order.

The statement said that they, however, recognised the fact that the judiciary needed reformation and relief to the people was possible if the district judiciary proactively dealt with its pendency. It maintained that PTI leader Ali Zafar requested that they needed time to respond to the policy proposals shared by the Law and Justice Commission of Pakistan.

The chief justice noted that they had provided valuable suggestions for improving the criminal justice system and civil dispensation. Additionally, the note said, they indicated that further recommendations would be shared in due course.

In addition to Ayub, it said, Shibli Faraz, Leader of the Opposition in the Senate, Barrister Gohar Ali Khan, Barrister Ali Zafar, Barrister Salman Akram Raja, Sardar Muhammad Latif Khosa, Dr Babar Awan also attended the meeting.

Supreme Court Registrar Muhammad Salim Khan and Law and Justice Commission of Pakistan Secretary Tanzeela Sabahat assisted the chief justice. The meeting lasted for two hours.