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.


Gunmen kill journalist in southwestern Pakistan

Updated 24 May 2025
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Gunmen kill journalist in southwestern Pakistan

  • Latif Baloch, who worked for a national news channel and a local newspaper, was killed in Awaran district
  • According to Freedom Network Pakistan, 53 journalists were killed in the country between 2012 and 2022

QUETTA: Unknown armed men stormed a house in Balochistan’s Awaran district in the early hours of Saturday and killed a journalist working for a mainstream news channel and a local newspaper, a Levies official said.

The killing took place in Mashkay, a remote town in the mountainous Awaran district, regarded as a stronghold of Baloch separatist groups, particularly the Baloch Liberation Front (BLF).

Balochistan, Pakistan’s largest but least developed province, is home to a separatist insurgency led by ethnic Baloch groups, which Islamabad accuses of being backed by India.

New Delhi denies the allegation.

Earlier this month, Pakistan blamed India for a deadly attack on a school van in Khuzdar district that killed eight people, including six schoolchildren.

Zulqarnain Baloch, a Levies official in Mashkay, told Arab News that unidentified gunmen entered journalist Latif Baloch’s house at 3 a.m. and shot him dead while he was asleep with his family.

“The attackers only targeted him,” he said, adding: “Motives behind the murder are being investigated.”

According to the Press Freedom Network, an advocacy organization for media rights in Pakistan, 53 journalists were killed in the country between 2012 and 2022.

Hameedullah Sherani, the network’s provincial coordinator in Balochistan, said journalists in the province face serious threats while carrying out their work.

“Journalists in Balochistan have been working under threats by the state and non-state actors,” he said. “More than 40 journalists in Balochistan have lost their lives in the line of duty over the last two decades.”

The Balochistan Union of Journalists (BUJ) strongly condemned the killing and called for a high-level investigation.

“The provincial government must arrest the attackers behind the killing of Latif Baloch,” said Khalil Ahmed, BUJ president. “Journalists are already facing severe threats in the sensitive region of Balochistan. The government has to take immediate action for the safety of working journalists.”

No group has claimed responsibility for the attack.

Balochistan, which borders Iran and Afghanistan, remains one of Pakistan’s most dangerous regions for journalists.


Pakistan’s Punjab reports eight deaths, 45 injuries in rain and storm-related incidents

Updated 54 min 16 sec ago
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Pakistan’s Punjab reports eight deaths, 45 injuries in rain and storm-related incidents

  • Deaths were primarily caused by collapsing dilapidated structures during extreme downpour in different cities
  • A fresh advisory warns of potential damage to weak infrastructure as hail and heavy rain remain in forecast

KARACHI: Pakistan’s most populous Punjab province on Saturday released a preliminary report on damages caused by heavy rain and stormy weather, saying eight people were killed and 45 others injured in different cities as strong winds, lightning and hail battered parts of the country.

The report followed a weather alert issued a day earlier by the National Disaster Management Authority (NDMA), warning of thunderstorms, gusty winds, dust storms and rain in parts of Punjab, Khyber Pakhtunkhwa (KP) and Islamabad.

As the day progressed, heavy rain and hailstorms struck the federal capital and parts of KP after dark clouds gathered overhead. In Swat, torrential rain lashed the region with reports of hail in some areas and surging waters in local rivers and streams.

In Punjab’s major cities, including Rawalpindi, Sialkot, Jhelum and Lahore, the storm brought strong winds and poor visibility, prompting authorities to temporarily shut down sections of the motorway for safety.

“Eight citizens lost their lives and 45 others were injured due to storm and rain-related incidents,” the Provincial Disaster Management Authority (PDMA) of Punjab said in a statement. “Fatalities occurred in Rawalpindi (1), Jhelum (3), Sheikhupura (1), Nankana Sahib (1), Sialkot (1) and Mianwali (1).”

The PDMA said deaths were primarily caused by collapsing dilapidated structures or being in unsafe locations during the storm. Heavy downpour damaged several mud and old brick houses in many of these places, while in Lahore, incidents of fallen trees and damaged solar panels were also reported.

According to PDMA Director General Irfan Ali Kathia, all district emergency operations centers have been activated, while the provincial control room is monitoring the situation round-the-clock.

“Citizens are advised to avoid unnecessary travel during severe weather and stay away from electric poles and hanging wires,” he warned.

“People should remain indoors during lightning storms and ensure children stay away from weak or damaged buildings,” he added.

Kathia said financial assistance would be provided to affected families in accordance with the provincial administration’s policy.

A fresh advisory issued Saturday evening by the National Weather Forecasting Center in Islamabad warned of potential damage to weak infrastructure, including electricity poles, trees, vehicles and solar panels, due to thunderstorms, hail and heavy rain expected overnight and into Sunday.

Pakistan has increasingly faced extreme weather events, including droughts, heatwaves and floods, linked to climate change. In 2022, it witnessed unprecedented monsoon rains that submerged much of the country, killing about 1,700 people and causing infrastructure losses exceeding $35 billion.


WWF-Pakistan hails community-led efforts to protect markhor on international awareness day

Updated 24 May 2025
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WWF-Pakistan hails community-led efforts to protect markhor on international awareness day

  • Markhors are large wild goats native to the mountainous regions of South and Central Asia
  • They are Pakistan’s national animal and are currently listed as ‘Near Threatened’ by IUCN

KARACHI: A leading conservation group in Pakistan on Saturday praised local communities for helping protect the endangered markhor species, saying people’s efforts had reversed population decline and expanded habitat ranges, as the country marked the International Day of the Markhor.

Markhors are large wild goats native to the mountainous regions of South and Central Asia, including Pakistan, Afghanistan, India and parts of the Himalayan range. They are Pakistan’s national animal and are currently listed as “Near Threatened” by the International Union for Conservation of Nature, the world’s oldest and largest global environmental network, due to habitat loss, poaching and human disturbance.

The World Wide Fund for Nature’s Pakistan office (WWF-Pakistan) credited close coordination between communities, conservationists and government departments in regions such as Gilgit-Baltistan, Khyber Pakhtunkhwa and Balochistan for positive conservation outcomes.

“Through capacity-building programs and engagement of local communities in conservation initiatives, a positive population trend has been observed in the markhor species,” it said in a statement.

Observed annually on May 24, the International Day of the Markhor was designated by the United Nations General Assembly in 2024 to raise awareness of the species’ ecological importance and the need for its protection.

“Conservation is not just about saving a species, but it is about preserving our shared future in harmony with nature,” said Hammad Naqi Khan, Director General of WWF-Pakistan.

The organization noted the International Day of the Markhor was an opportunity to recognize the ecological value of mountain landscapes, raise awareness of conservation challenges and honor the communities that helped pull the species back from the brink of extinction.


Pakistan tells UN India politicizing river flows by halting Indus treaty

Updated 24 May 2025
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Pakistan tells UN India politicizing river flows by halting Indus treaty

  • Ambassador Usman Jadoon calls access to clean water a fundamental human right
  • He says India announced treaty suspension to cut off the lifeline of 240 million people

ISLAMABAD: Pakistan told a United Nations forum this week India was using river waters as a political weapon by suspending the Indus Waters Treaty (IWT), warning that Islamabad would not allow New Delhi to cut off the lifeline of 240 million people or turn water into a tool of coercion.

The remarks came during an Arria-formula meeting of the UN Security Council, an informal session allowing open discussion on pressing international issues. The forum was held as tensions escalated following India’s decision to suspend the 1960 IWT.

While New Delhi has cited a recent militant attack in Indian-administered Kashmir to justify the move, Islamabad has denied any involvement and warned that blocking Pakistan’s access to river waters threatens regional stability and violates international law.

Addressing the forum on Friday, Ambassador Usman Jadoon, Pakistan’s deputy permanent representative to the UN, emphasized that access to clean water was a fundamental human right. He condemned India’s actions, pointing out the suspension of the IWT constitutes a grave violation of international law.

“India’s decision to illegally and unilaterally suspend the 1960 Indus Waters Treaty, aiming to impede the flow of water guaranteed to Pakistan under the Treaty, is a grave violation of international law, including human rights law, the treaty law and customary international law,” Jadoon said.

He further criticized statements from Indian leadership suggesting intentions to “starve the people of Pakistan,” describing such rhetoric as dangerous and perverse.

Jadoon called upon India to adhere to its legal obligations and refrain from actions that could disrupt the flow of rivers vital to Pakistan’s population.

“We strongly condemn India’s unlawful announcement to hold the Treaty in abeyance and call upon India to strictly abide by its legal obligations and refrain from stopping, diverting or restricting rivers that are a lifeline for 240 million people of Pakistan,” he continued. “We will never accept any such moves.”

The IWT, brokered by the World Bank in 1960, has been a cornerstone of water-sharing between the two nations. Its suspension marks a significant escalation in India-Pakistan relations, with potential implications for regional stability and humanitarian concerns.


Pakistan to cancel passports, register cases against deported citizens

Updated 24 May 2025
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Pakistan to cancel passports, register cases against deported citizens

  • Move follows Middle East complaints over Pakistani nationals involved in begging
  • A committee has also been tasked with strengthening passport rules and regulations

KARACHI: Pakistan’s federal government on Saturday decided to take stringent measures against its citizens deported from other countries for illegal activities by canceling their passports and registering criminal charges, in a bid to curb a growing issue that officials say is tarnishing the country’s international image.

The move follows mounting complaints, particularly from Middle Eastern countries, about public begging and undocumented migration involving Pakistani nationals.

The decision was made at a high-level meeting chaired by Interior Minister Mohsin Naqvi in Islamabad.

“It was decided during the meeting that FIRs [First Information Reports] would be registered against deported individuals and their passports would also be canceled,” an official statement released after the meeting said. “The deportees would be placed on the Passport Control List for five years.”

Earlier this year, Pakistan’s Federal Investigation Agency (FIA) said approximately 4,000 beggars had been deported by Saudi Arabia from 2022 until the end of 2024.

“Deportees are causing embarrassment for Pakistan at international level,” Naqvi said. “Thus, no leniency will be shown to them in the future.”

To further tighten passport regulations, the interior ministry also formed a committee led by the interior secretary.

According to the statement, the committee has been tasked with proposing reforms to strengthen the passport issuance process and enforce stricter scrutiny.

Last month, over 100 Pakistanis deported from various European countries arrived in Islamabad, with officials indicating that many had been involved in fraudulent or undocumented migration.

The latest measures build on earlier actions by the interior ministry aimed at discouraging illegal migration and curbing human trafficking.

Naqvi had previously announced plans to block the issuance of new travel documents to deportees and crack down on travel agents implicated in human smuggling.