Time will judge 26th amendment: minister

Tarar says only parliament can amend Constitution

LAHORE:

Minister for Law and Justice Senator Azam Nazeer Tarar said on Saturday that the authority to amend Constitution rests solely with parliament, adding that only time will determine whether the 26th Constitutional Amendment proves to be a correct decision.

The law minister made the remarks as the Asma Jahangir Conference commenced in Lahore, bringing together jurists, human rights advocates, and political figures who addressed issues related to fundamental rights, democracy, judicial independence and international law.

Addressing the conference, the law minister said the 26th Constitutional Amendment was initiated to meet the need for establishing a constitutional court.

He noted that on certain occasions in the past, the Supreme Court had gone beyond its jurisdiction, and that some death penalty verdicts were later found to be incorrect during review.

Senator Tarar said extensive consultations were held with various stakeholders on the amendment, and questions were addressed after taking allies into confidence.

He explained that the amendment introduced the concept of constitutional benches, recalling that objections had also been raised when the 19th Constitutional Amendment was introduced.

Speaking about the transfer of judges, the law minister said the process would involve consultation with the president, the prime minister and the chief justice of Pakistan and that decisions would be made while keeping judges' performance in view.

He emphasized that if capable judges are available in Punjab and Islamabad, people in interior Sindh and Khyber-Pakhtunkhwa also deserve equal access to competent judiciary.

He said the constitutional court had already started functioning and its outcomes would become evident over time.

Stressing the importance of rule of law, the law minister warned that crossing red lines would have consequences.

On the issue of missing persons, Tarar said it was not limited to Pakistan but was a serious global problem. He added that he himself was part of the judicial commission on missing persons and was personally working on the matter.

According to the law minister, the government is taking the issue seriously and the judicial commission is performing its duties responsibly.

He also termed it a "bitter truth" that Pakistan has been fighting a war against terrorism for decades.

He said terrorism was inherited as a "gift" from the West, describing it as someone else's war imposed on Pakistan.