Assault on the judiciary

There is a call of conscience from members of the judicial fraternity. A letter written by former jurists and senior lawyers has sought intervention from the Chief Justice of Pakistan over the proposed draconic aspects of the 27th constitutional amendment, which are certain to render the independence and vibrancy of the judiciary to a naught. Justice Yahya Afridi has been requested to summon a full court meeting to discuss the draft law aimed at restructuring the entire edifice of judiciary with a clear intent to bring the judiciary under the executive.

The authors of the letter insist that the proposed amendment is going to be the most radical alteration enacted in jurisprudence since the Indian Act of 1935, and comes to undermine the spirit of the Constitution. They see the move as the greatest threat to the Supreme Court of Pakistan since its establishment in 1956.

The amendment under study - coming in continuation of the 26th insertion into the Constitution - plans to set up a Federal Constitutional Court whose decisions would be binding on all Courts, including the Supreme Court. It authorises the executive to maneuver transfer of judges of high court(s) on the recommendation of the Judicial Commission, declaring that and any judge not accepting a transfer will be deemed to have retired from his office. Moreover, the Federal Constitutional Court would assume some of the powers of the apex court, downgrading it to attend to civil and criminal appeals only. This is squarely an assault on the independence of the superior judiciary and is in contravention of the principle of separation of powers enshrined in the Constitution.

The letter rightly pleads that the legislation being debated will do away with the essence and legitimacy of the top appellate court, and permanently denude it of its constitutional jurisdiction. What is thus warranted is a preemptive in-house response from the superior judiciary, through a full court hearing, and there should be no swaying on the pretext of neutrality or noninterference in the affairs of the legislature. The CJ must come up with a rejoinder, and act before it gets too late.