Pakistan defers tabling constitutional amendment package as legal fraternity vows to challenge proposals

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Updated 16 September 2024
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Pakistan defers tabling constitutional amendment package as legal fraternity vows to challenge proposals

  • Government was expected to table on Monday constitutional amendments on superior judges’ tenure, process of chief justice’s appointment
  • Prominent jurists describe the amendments as a ‘frontal assault’ on the judicial system that would abolish the trichotomy of power in country

ISLAMABAD: The Pakistani government on Monday postponed the tabling in parliament of a history-making “constitutional amendment package” on judicial reforms as several members of the legal fraternity rejected the proposals and challenged them in the Supreme Court of Pakistan.

The government was expected to table the amendments in the National Assembly and Senate on Monday after it did not do so a day earlier. According to Law Minister Azam Nazir Tarar, the package includes 52 amendments to the constitution, mostly involving minor wording changes.

The proposed amendments are expected to establish a federal constitutional court, raise the retirement age of superior judges by three years, and modify the process for the appointment of chief justice of the Supreme Court of Pakistan.

The matter has raised widespread concerns among opposition parties and independent experts who say the moves are aimed at increasing the government’s power in making key judicial appointments and dealing with the defection of lawmakers during house votes.

The government was initially expected to table the amendments on Sunday, but Defense Minister Khawaja Asif, a senior member of the ruling Pakistan Muslim League-Nawaz (PML-N) party, later said they could not secure the required 224 votes, two-thirds majority, needed to pass the amendments.

“We want and desire complete consensus within the House, so this process will continue, and when all parties agree on this document, this draft will be presented in the House,” Asif said, while speaking in the National Assembly on Monday afternoon.

“We believe that no one will oppose the proposals as we are determined to shape the constitution in line with the agreement in the Charter of Democracy.”

The Charter of Democracy (CoD) was signed between the PML-N and the Pakistan Peoples Party (PPP), two major political parties in Pakistan, on May 14, 2006 in London. The document outlined steps to end the military rule established after the 1999 coup d’état led by late General Pervez Musharraf and to restore democracy in Pakistan.

Asif said the amendments aimed to address “constitutional imbalances” and public representatives would have the right to undo any “intrusions” into parliamentary powers and the constitution.

“A draft has been prepared to address constitutional imbalances, especially those related to parliament, and it is a draft to improve the 19th amendment [on procedure for judicial appointments], and the constitution allows us to do so,” the defense minister said, adding there was no political motivation behind it.

The Pakistan Tehreek-e-Insaf (PTI) opposition party of jailed former premier Imran Khan has criticized the moves and believes that the amendments are meant to grant an extension to incumbent Supreme Court Chief Justice Qazi Faez Isa, who is widely believed to be aligned with the ruling coalition led by PM Shehbaz Sharif and in opposition to its chief rival, the PTI. PTI founder Khan has threatened nationwide protests against the reforms.

Speaking in the National Assembly, a former speaker and Khan aide, Asad Qaiser, strongly condemned the government’s moves and described them as a “mockery” of parliament.

“If you want to bring amendments, definitely bring them but after a proper debate and discussion on it,” he said, adding the government tried to pass amendments in the “dark of the night” and without even briefing its own members on them.

“We will oppose this type of pressure and oppression in the parliament, in the courts, on the road and everywhere.”

Law Minister Tarar said the draft of amendments had not yet been presented before the cabinet, as required under the constitution, and asked opposition parties to come up with positive recommendations, instead of undue criticism.

“A special parliamentary committee has been made, which included members of all political parties, so all are invited to bring suggestions in this regard to the committee,” he said.




Pakistan's Azam Nazeer Tarar (left) is addressing a session of National Assembly in Islamabad, Pakistan on September 16, 2024. (@NAofPakistan/X)

‘SUBSERVIENT' JUDICIARY

Prominent lawyers, including Abid Zuberi, Shafqat Mehmood Chauhan, Shahab Sarki, Ishtiaq Ahmed Khan and Munir Kakar, filed a petition in the Supreme Court on Monday, challenging the proposed amendments to the constitution.

“Through the instant petition the petitioners seek to challenge the vires of the proposed constitutional package,” they stated in the petition. “The proposed bill puts forth proposed amendments to the constitution that would transfer the vested powers of the Supreme Court of Pakistan and the high courts of Pakistan as granted by the constitution to the executive and entirely annihilate the principles of independence of judiciary and suppression of power.”

Munir A Malik, a senior lawyer, said the proposed amendments would abolish the trichotomy of power — executive, legislature and judiciary — under the constitution.

“We will have a judiciary subservient to the executive and this is a frontal assault on the judicial system and the independence of the judiciary,” he told Arab News. “I think every lawyer who believes in the rule of law will stand up against any such step which undermines the independence of judiciary.”

Shaiq Usmani, former chief justice of the Sindh High Court, agreed that there had been a need for a constitutional court, but the proposed amendments were “most ill-timed.

“There is certainly a need for a constitutional court, yes, in a sense because the politicians here are constantly at war with each other and they always run to the Supreme Court to get their disputes resolved. As a result of that, the courts then have to give up commercial and other disputes of ordinary people, while they decide political cases,” he said.

“But this timing was wrong. At this time, when there is complete polarization in the political field, Pakistan is facing tremendous economic problems and so many other issues, so, this was certainly not the time for this sort of a thing. It was most ill-timed and fortunately, because of the fact that they [government] have not been able to get the required majority, it hasn’t been pushed through.”

Sabahat Rizvi, secretary of the Lahore High Court Bar Association, said the government “planned to disturb the unity of the judges” through this constitutional amendment package.

“They want to bring people of their choice, but we have already caused a lot of damage to our country and people through such constitutional amendments,” she told Arab News.

Rizvi said lawyers must unite against any such “attempt to undermine the independence of the judiciary,” irrespective of their political affiliations.

“Although lawyers have been divided due to their political affiliations, I would say that on this issue of national importance, they all should unite and come forward,” she said, promising to support any protest movement for this cause.

Arab News tried reaching the government’s spokesperson on legal affairs, Aqeel Malik, for a comment on the developments, but he did not answer the calls and messages.

AMENDMENTS

The coalition government is proposing that the retirement age of Supreme Court and high court judges be increased by three years from the existing 65 and 62 years, respectively. The current chief justice retires on Oct. 25.

The government is also mulling revising the seniority principle in the appointment of the top judge, the coalition government’s spokesperson on legal affairs Aqeel Malik told media last week. At present, according to Article 175A of the Constitution, the senior most judge of the Supreme Court is appointed as the chief justice on the basis of the principle of seniority, but there are widespread reports that the constitutional amendment envisions a five-member panel comprising top court judges as responsible for appointing the chief justice.

The reform package also includes a proposal to allow the transfers of judges from one high court to another and changes to Article 63-A of the Constitution, which relates to the disqualification of legislators who cross party lines in voting for a constitutional amendment.

The amendments have been proposed after a string of Supreme Court judgments that have ostensibly challenged Sharif’s coalition government, mostly notably a July 12 verdict by a 13-member bench of the Supreme Court that declared the PTI eligible for reserved parliamentary seats.

The verdict dealt a major blow to Sharif’s weak ruling coalition, which may lose its two-thirds majority in Pakistan’s parliament if the verdict is implemented. Sharif’s PML-N party has filed a review petition in the Supreme Court against the verdict.


Pakistan launches first Shariah-compliant ‘Green Sukuk’ to attract eco-friendly investment

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Pakistan launches first Shariah-compliant ‘Green Sukuk’ to attract eco-friendly investment

  • Green Sukuk to fund renewable energy, clean transportation and climate-resilient projects, says finance ministry
  • Pakistan says will hold auction for inaugural Green Sukuk issue, ranging from $71.4 million to $107.1 million

KARACHI: Pakistan’s finance ministry announced the launch of its first ever “Green Sukuk” financial instrument on Wednesday, saying it was aimed at attracting investments in environmentally sustainable projects.

The Green Sukuk is a Shariah-compliant financial instrument specifically designed to fund environmentally sustainable projects such as renewable energy, clean transportation and climate-resilient infrastructure, the ministry said. By merging Islamic finance principles with environmental objectives, Green Sukuk provides a unique investment avenue that appeals to ethically minded investors, it added. 

“The Government of Pakistan is proud to announce a major milestone in the nation’s sustainable finance journey with the launch of its first Green Sukuk,” the ministry said. “The Green Sukuk marks a pivotal step in aligning Pakistan’s financial markets with global best practices in green financing.”

The ministry said an auction would be held for the Green Sukuk’s first issuance, with the total amount of funds to be raised expected to be between $71.4 million (Rs20 billion) and $107.1 million (Rs30 billion). The statement said the Pakistan Stock Exchange would play a role in promoting the instrument to investors.

The Green Sukuk program was prepared with the support of Pakistan’s Meezan Bank Limited, Bank Alfalah Limited, Dubai Islamic Bank Pakistan Limited and Bank Islami Pakistan Limited, it said. 

The finance ministry said the initiative was aligned with Pakistan’s Vision 2028 goal of transitioning toward an interest-free economy. The Green Sukuk would attract a “broader investor base, deepen our financial markets and accelerate the country’s transition” to a resilient economy, the statement said. 


Pakistan interior minister meets US envoy, conveys ‘serious concerns’ over India strikes

Updated 07 May 2025
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Pakistan interior minister meets US envoy, conveys ‘serious concerns’ over India strikes

  • Meeting takes place amid soaring tensions after India said it struck Pakistani sites that served as militant recruitment centers
  • Several countries including US, Turkiye, China, UAE, UK and others have called on both sides to show restraint, avoid escalation 

ISLAMABAD: Interior Minister Mohsin Naqvi met Acting US Ambassador Natalie Baker on Wednesday to convey his country’s “serious concerns” over India’s military strikes inside Pakistani territory and its implications for regional peace, state-run Associated Press of Pakistan (APP) said. 

Several countries have called for calm between India and Pakistan amid soaring tensions in South Asia, following Indian attacks on six locations inside Pakistan on Wednesday. Islamabad said Indian strikes killed at least 26 civilians and injured 46. In response, Pakistan claimed to have downed five Indian fighter jets and struck Indian military posts along the Line of Control. 

Naqvi met Baker in Islamabad to provide her a “comprehensive” briefing in the aftermath of the Indian strikes and evolving security situation in South Asia, APP reported. US Political Counselor Zachary Harkenrider and Pakistan’s Minister of State for Interior Tallal Chaudhry were part of the meeting. 

“During the meeting, Minister Naqvi gave a comprehensive briefing to the US delegation on the aftermath of the Indian aggression, expressing Pakistan’s serious concerns over the incident and its implications for regional peace,” APP said. 

Naqvi accused India of putting South Asia’s peace and stability at stake, APP said. He further stressed “India has torn apart regional harmony and by targeting civilians, it has blatantly violated international laws.”

Naqvi said Pakistan had acted responsibly and showed maximum restraint in the face of Indian provocation. 

“We gave a strong and appropriate response in defense of our homeland,” Naqvi was quoted as saying. “Pakistan will never allow any compromise on its national security.”

INTERNATIONAL REACTION

US President Donald Trump had reacted to the incident on Wednesday night, condemning the escalation, expressing hope that the fighting would end quickly.

“It’s a shame,” he said. “Just heard about it. I guess people knew something was going to happen based on a little bit of the past. They’ve been fighting for a long time. They’ve been fighting for many, many decades. I hope it ends very quickly.”

Meanwhile, US Secretary of State Marco Rubio said he was monitoring the situation closely and would continue to engage with the leadership of both countries for a “peaceful resolution.”

A Chinese foreign ministry spokesperson said India’s actions were “regrettable,” urging both countries to exercise restraint and refrain from further complicating the situation, Reuters reported.

United Arab Emirates Foreign Minister and Deputy Prime Minister Abdullah bin Zayed bin Sultan Al Nahyan called on Pakistan and India “to exercise restraint, de-escalate tensions, and avoid further escalation that could threaten regional and international peace,” Emirates News Agency-WAM reported.

Turkiye urged India and Pakistan to act with common sense amid the military escalation between them, its foreign ministry said on Wednesday, saying India’s latest military action created the risk of an “all-out war.”

In a statement, the ministry reiterated its support for Pakistan’s call for an investigation into a militant attack that killed 26 in the Indian-administered side of the Himalayan region on April 22.

The UK is ready to support both India and Pakistan to de-escalate tensions, Trade Secretary Jonathan Reynolds said on Wednesday, following the worst violence between the nuclear-armed arch-foes in two decades.

“Our message would be that we are a friend, a partner to both countries. We stand ready to support both countries. Both have a huge interest in regional stability, in dialogue, in de-escalation and anything we can do to support that, we are here and willing to do,” he told BBC radio.


Pakistan warns of rainfall, storms in Punjab from May 7-11

Updated 07 May 2025
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Pakistan warns of rainfall, storms in Punjab from May 7-11

  • Authorities advise citizens to stay indoors and in safe places during rainfall and storms
  • Rain with strong winds predicted in Rawalpindi, Murree, Galiyat region and other districts

ISLAMABAD: The Punjab Provincial Disaster Management Authority (PDMA) on Wednesday warned of rainfall and thunderstorms across the country’s eastern province from May 7-11, an alert issued by the authority said. 

Pakistan is highly vulnerable to climate change, facing numerous impacts like rising temperatures, increased frequency of extreme weather events, and changes in agricultural patterns. The country’s vulnerability is exacerbated by factors like reliance on the Indus River, which is fed by melting glaciers and its location in a region prone to floods and droughts.

“Dusty winds and thundershowers are likely in most districts of Punjab from May 7-11,” the PDMA said in a statement. “Rain with strong winds is predicted in Rawalpindi, Murree, Galiat, Attock, Chakwal, Mandi Bahauddin, Gujrat, Jhelum and Gujranwala.”

The authority added that there were chances of rainfall in Lahore, Kasur, Sialkot, Narowal, Okara, Faisalabad, Toba Tek Singh, Jhang, Khushab, Sargodha and Mianwali.

Rainfalls and hailstorm were also predicted in South Punjab, Multan, Dera Ghazi Khan, Bahawalpur and Bahawalnagar between May 8-10, the PDMA said.

Director General PDMA Irfan Ali Kathia confirmed that an alert was issued to the district administrations including the education, health, irrigation, construction, livestock and police departments.

The PDMA alert advised citizens to stay indoors and in safe places during rainfall and contact the PDMA’s 1129 helpline for any assistance.

In early April, a severe hailstorm and heavy rainfall lashed Pakistan’s capital Islamabad and its surrounding areas, damaging thousands of vehicles and smashing the windows of homes. 

Experts say there is evidence suggesting a link between climate change and increased hailstorm frequency and intensity. While the exact relationship is still being studied, a warming climate can create conditions more conducive to large hail formation.


Airlines cancel, reroute flights after India-Pakistan clashes

Updated 07 May 2025
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Airlines cancel, reroute flights after India-Pakistan clashes

  • India launched missile strikes in Pakistani territory on Wednesday night in response to deadly attack last month
  • Flights of Korean Air, Taiwan’s China Airlines, Russian national carrier Aeroflot and others rerouted or canceled

BANGKOK: Clashes between nuclear-armed India and Pakistan on Wednesday sent airlines scrambling to cancel, divert or reroute flights.

The neighbors and longtime rivals exchanged heavy artillery fire along their contested frontier after India launched missile strikes in retaliation for a deadly attack last month.

Here is a round-up of what airlines are doing to avoid flying over the conflict zone.

Korean Air has begun rerouting its flights from Seoul Incheon to Dubai, using a southern route that passes over Myanmar, Bangladesh and India, instead of the previous path through Pakistani airspace.

“We are currently monitoring the situation for further changes,” a Korean Air official told AFP.

Taiwan’s China Airlines said several flights have been diverted or canceled.

Two flights from Taipei to Frankfurt and Amsterdam “made a technical diversion to Bangkok” before returning to the Taiwanese capital.

Three flights from Taipei to Prague, Rome and London were canceled on Tuesday and Wednesday.

“China Airlines continues to monitor the situation and will adjust flight schedules as needed,” it said.

EVA Air said it will adjust flights to and from Europe “based on actual conditions to avoid affected airspace to ensure the safety of crew members and passengers.”

A flight from Vienna to Bangkok will return to the Austrian capital while a flight from Taipei to Milan will be diverted to Vienna for refueling and then continue to the Italian city, the airline said in a statement.

Russian national carrier Aeroflot said all its flights from Moscow to and from India, Thailand, Sri Lanka, the Maldives, and the Seychelles would be rerouted.

Singapore Airlines said its flights have been rerouted to avoid Pakistani airspace.

Malaysia Airlines rerouted two flights from Kuala Lumpur — one to London Heathrow and one to Paris Charles de Gaulle. They stopped in Doha before continuing their journeys.

The carrier also suspended all flights to and from India’s Amritsar until May 9.

Thai Airways said it was rerouting flights to destinations in Europe and South Asia from 5:00 am on Wednesday (2200 GMT Tuesday) to avoid Pakistani airspace, warning of possible delays.

At least eight flights to European cities were affected, the airline said, while a return flight scheduled to go from Bangkok to Islamabad and back again on Wednesday was canceled.

Sri Lankan Airlines said its flights were unaffected and there is no change to its four weekly flights to Pakistan’s Lahore and Karachi.


Pakistan’s top court allows military trials of civilians accused of attacking army sites — media

Updated 07 May 2025
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Pakistan’s top court allows military trials of civilians accused of attacking army sites — media

  • Decision follows a legal battle sparked by violent protests on May 9, 2023, by ex-PM Khan’s party
  • The court has directed the government to legislate within 45 days to provide a right of appeal

ISLAMABAD: Pakistan’s top court on Wednesday reinstated the Army Act in its original form and overturned its earlier ruling that had blocked military trials for civilians accused of attacking military installations, according to the local media reports.
The decision follows a legal battle sparked by violent protests on May 9, 2023, when supporters of jailed former Prime Minister Imran Khan stormed military facilities across Pakistan and set some of them on fire after his brief arrest on graft charges.
Subsequently, dozens of people were arrested and prosecuted in military courts, triggering constitutional challenges from rights groups and activists, as Khan’s Pakistan Tehreek-e-Insaf (PTI) party vocally opposed the trials.
“The Supreme Court of Pakistan has reinstated the Pakistan Army Act in its original form and declared its earlier verdict from October 23, 2023, null and void,” Geo News reported.
“The apex court delivered the verdict with a 5-2 majority,” it added. “Justices Jamal Khan Mandokhail and Naeem Akhtar Afghan dissented.”
The ruling restores previously nullified clauses of the Army Act that allow civilians to be tried in military courts under certain circumstances.
The court also directed the government to legislate within 45 days to provide a right of appeal for any convictions handed down by military courts, Geo News said.
Khan’s PTI, whose supporters were among those arrested after the May 2023 protests, condemned the ruling.
“The constitutional bench of Supreme Court of Pakistan has just given the government’s petition a go by allowing military trial of civilians,” the party said in a statement. “The purpose of military law is to maintain discipline within the armed forces. It was never designed to be applied to civilians.”
The previous Supreme Court ruling in October 2023, delivered by a five-judge panel, had declared that trying civilians in military courts violated constitutional rights to a fair trial and due process. That decision was welcomed by rights groups and legal experts as a step toward strengthening judicial independence and limiting the military’s influence over civilian legal matters.
The government and the defense ministry appealed the verdict, citing national security concerns and the need to hold accountable those who attacked military installations.