Says 27th Amendment poses ‘biggest threat’ to SC in ‘most radical restructuring of court’ in letter to CJP
Judge Yahya Afridi. PHOTO: ARCHIVE
PAKISTAN:
Senior lawyers and retired judges on Monday wrote to Chief Justice of Pakistan (CJP) Yahya Afridi, warning him that the proposed 27th Constitutional Amendment poses the “biggest threat” to the Supreme Court since its inception.
Justice Syed Mansoor Ali Shah wrote to CJP Yahya Afridi, urging him to engage the executive to ensure that no constitutional amendment is made without consulting judges of all constitutional courts. He also called a meeting of the Full Court or a joint convention of judges of the constitutional court to discuss the proposed 27th Amendment.
Justice Syed Mansoor Ali Shah, in his letter to Chief Justice Yahya Afridi, warned that the proposed Federal Constitutional Court “does not arise from any genuine reform agenda, but is a political device to weaken and control the judiciary.”
He said the court’s judges would be appointed “without constitutional parameters,” giving the executive decisive power and inviting “manipulation of the judicial process.”
“A court born of the will of the executive cannot be independent,” Justice Shah warned, adding that “a controlled constitutional court may serve temporary political interests, but it will permanently harm the Republic.”
He stressed that judicial independence “is not a privilege of judges, it is the protection of the people against arbitrary power,” and urged the CJP to “raise the alarm before the independence of the judiciary is irretrievably lost.”
A copy of the letter was also sent to all Supreme Court judges.
The proposed 27th Constitutional Amendment introduces radical changes in the judicial, administrative and federal structures of Pakistan. The main features include the establishment of federal constitutional courts in the capital and the provinces, changes in the transfers of judges and the introduction of executive magistrates.
Another letter, written by lawyer Faisal Siddiqi and supported by several prominent retired judges and senior lawyers, describes the proposed amendment as “the largest and most radical restructuring of the Supreme Court of Pakistan since the Government of India Act, 1935.”
Read: Judiciary weighs response to 27th Amendment
The draft also brings up article 243 of the Constitution, related to the command of the armed forces. With the 27th Amendment, the government intends to abolish the position of Chairman of the Joint Chiefs of Staff Committee, create a new position of Chief of the Defense Forces and grant life terms and immunity to the Field Marshal and the Air Chief.
Critics within the legal community warn that the amendment would undermine judicial independence and weaken the authority of the Supreme Court.
Senior lawyers and retired judges have described the bill as a “radical restructuring” that risks subordinating the judiciary and centralizing power in the federal executive and military command.
“It should be obvious to Your Honor, as chief custodian of the Supreme Court, that the proposed amendment permanently strips the high court of its constitutional jurisdiction,” the letter reads.
The signatories refrained from discussing specific clauses of the proposed amendment and urged CJP Afridi to convene a Full Court “immediately and without delay” on the matter.
Lead attorneys noted that the bill is likely to be passed “before Nov. 11 or any day thereafter.”
In a strongly worded passage, the signatories warned that if the CJP refuses to act “under the guise of neutrality or non-interference,” it might as well “reconcile itself to being the last Chief Justice of Pakistan” and accept “the demise of the Supreme Court as the highest court in the country.”
Read more: Prime Minister and Senators revel in halwa after finalizing 27th Amendment
Calling the matter “of utmost public importance,” the lawyers said they were releasing the letter to the media “in the interest of transparency.” The communication was sent via WhatsApp to CJP Secretary Muhammad Yasin and will be delivered via courier in due course.
The signatories of the letter include:
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Justice (retired) Mushir Alam, former Chief Justice of the Supreme Court
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Justice (retired) Nadeem Akhtar, former senior puisne judge, Sindh High Court
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Muneer A Malik, former Attorney General of Pakistan
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Muhammad Akram Sheikh, former president of the Supreme Court Bar Association
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Anwar Mansoor Khan, former Attorney General of Pakistan
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Ali Ahmad Kurd, former president of the Supreme Court Bar Association
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Abid S Zuberi, former president of the Supreme Court Bar Association
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Kanrani B Amanullah, former president of the Supreme Court Bar Association
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Khwaja Ahmad Hosain, Supreme Court lawyer
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Salahuddin Ahmed, Supreme Court lawyer
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Shabnam Nawaz Awan, Supreme Court Lawyer
