Pakistan ruling coalition set to pass constitutional amendments to consolidate power in judicial appointments

Update Pakistan ruling coalition set to pass constitutional amendments to consolidate power in judicial appointments
In this handout photo, taken and released by the Government of Pakistan, members of Pakistan’s lower house of parliament attend the National Assembly meeting in Islamabad on March 1, 2024. (Photo courtesy: X/@NAofPakistan/File)
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Updated 15 September 2024
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Pakistan ruling coalition set to pass constitutional amendments to consolidate power in judicial appointments

Pakistan ruling coalition set to pass constitutional amendments to consolidate power in judicial appointments
  • Constitutional amendment package will set tenure of Supreme Court Chief Justice to three years, change process of CJ’s appointment
  • Opposition PTI party has called judicial reforms package an ‘attack’ on judiciary, threatened nationwide protests if amendments passed

ISLAMABAD: Both the upper and lower houses of parliament are scheduled to convene today, unusual for a Sunday, as the government plans to table a history-making ‘constitutional amendment package’ that will increase the retirement age of superior judges by three years and change the process by which the Supreme Court chief justice is appointed.
The package of reforms, widely believed to include as many as 22 amendments to the constitution, 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 reforms also include 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.
Ahead of the parliamentary session, Defense Minister Khawaja Asif, a senior member of the ruling Pakistan Muslim League-Nawaz (PMLN) party, told reporters the government had the 224 votes, two-thirds majority, needed to pass the amendment. He also refuted reports that the amendment was being introduced to grant an extension to Supreme Court Chief Justice Qazi Faez Isa, widely believed to be aligned with the ruling coalition led by Prime Minister Shehbaz Sharif and in opposition to its chief rival, the Pakistan Tehreek-e-Insaf (PTI) party of jailed former PM Imran Khan, who has threatened nationwide protests against the reforms.
“It’s not going to be a person-specific or individual-specific legislation,” Information Minister Ataullah Tarar told reporters on Sunday. “Whatever is going to happen will be in the greater good of the people. It would be to benefit the people, the nation.”
PM Sharif’s office quoted him as saying at a dinner for legislators on Saturday night that the legislation would be passed “in the national and public’s interest” and to “ensure the sanctity of parliament.”
As of 8pm on Sunday night, separate consultations continued among the coalition partners and opposition parties on the amendments, according to the information minister.
“Consultations are ongoing among the government parties, while Maulana Fazlur Rehman is taking the opposition on board on the amendments,” Tarar told reporters. “Efforts are being made to reach a consensus.”
AMENDMENTS
The coalition government is proposing that the retirement age of superior judges be increased by three years. Currently, Article 179 of the Constitution envisages that a judge of the Supreme Court shall hold office until he attains the age of retirement of 65 years, whereas Article 195 of the Constitution says that a judge of a high court shall hold office until he attains the age of 62 years. The current CJ 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 this 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 the top judge chosen from a panel of five senior-most judges by a judicial commission and a parliamentary committee together.
The reform package also includes a proposal to allow the transfers of judges from one high court to another.
“If passed, the reforms could mark a seismic shift in the country’s judiciary, shaking up long-established procedures and leaving a lasting impact on how the judicial and executive branches interact,” Pakistan’s Express Tribune newspaper said in a news analysis.
In an interaction with reporters, PTI Chairman Gohar Khan said the constitutional package was an “attack” on the judiciary and its freedom.

“We believe the government is adopting an unconstitutional process,” he said. “Primarily, every aspect of the state needs to be independent, especially the judiciary, it cannot be compromised, … If there is any attempt to do this to the judiciary, we will strongly condemn it.”
RESERVED SEATS
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.
PTI candidates contested the Feb. 8 general elections as independents after the party was barred from polls on the technical grounds that it did not hold genuine intra-party polls, which is a legal requirement.
Subsequently, the PTI-backed candidates won the most seats in the election, but the Election Commission of Pakistan (ECP) ruled independents were ineligible for their share of 70 reserved seats — 60 for women, 10 for non-Muslims. The reserved seats were then distributed among other parties, mostly those in the ruling coalition, a decision Khan allies contested in the court.
Reserved parliamentary seats for women and minorities are allocated in Pakistan in proportion to the number of seats a political party wins in general elections. This completes the National Assembly’s total 336 seats.
A simple majority in Pakistan’s parliament is 169 seats.

 


Hundreds in southern Pakistan demand justice for doctor killed after blasphemy accusations

Hundreds in southern Pakistan demand justice for doctor killed after blasphemy accusations
Updated 7 min 15 sec ago
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Hundreds in southern Pakistan demand justice for doctor killed after blasphemy accusations

Hundreds in southern Pakistan demand justice for doctor killed after blasphemy accusations
  • Dr. Shahnawaz Kumbhar was killed in alleged police shootout last week in southern Umerkot district
  • Protesters demand transparent inquiry, arrest of the police officers responsible for doctor’s killing 

KARACHI: Hundreds of civil society activists and residents of Pakistan’s southern Sindh province on Wednesday protested against the killing of a doctor allegedly by police after he was accused of blasphemy, demanding a transparent inquiry into the incident and action against the culprits. 

Dr. Kumbhar, accused of sharing blasphemous content online, was arrested last Wednesday in Umerkot district and killed hours later by police in a purported shootout. His family disputes the police account, claiming he was murdered while in custody. The incident has sparked widespread condemnation from Pakistani rights activists, who have demanded a transparent investigation.

Accusations of blasphemy — sometimes even just rumors — can spark riots and mob rampages in Pakistan. Although killings of blasphemy suspects by mobs are common, extra-judicial killings by police are rare.

The Sindh government last week suspended ten officers, including a deputy inspector general of police and registered a case against 34 suspects, out of which 15 were not identified, for burning Dr. Kumbhar’s body. 

“Today’s protest is purely to arrest the killers of Shahnawaz Kumbhar and punish them,” rights activist Kazwa Nawaz Asif told Arab News during a demonstration attended by hundreds at Umerkot. The protest was held in front of the district’s press club. 

Asif said the protest also aimed to prevent such incidents from occurring again in the future.

Suleman Rahimoo, another activist, questioned the government’s decision to conduct an inquiry against a deputy inspector of general police by another foficer of the same rank, pointing out that he was his colleague. 

“This is why we believe that a judicial inquiry should be carried out,” Rahimoo told Arab News.

Rights activist Sindhu Nawaz said the doctor had pleaded for an opportunity to explain his position, asserting that he was not the one using the account that posted the blasphemous content online.

“But he was killed overnight by the police officials and the body was handed over to fanatics who burnt it,” she said. 

Nawaz said Sindh is known as being a land where love, peace and interfaith harmony prevailed. 

“To uphold this identity, we felt it was necessary to hold a protest in Umerkot because Umerkot is the land where, during Eid, our Hindu brothers congratulate Muslims and when Holi is celebrated, the same Muslims celebrate with them,” she said. 

Nawaz vowed that the protest would continue until the officers responsible for killing Dr. Kumbhar are arrested and a judicial inquiry into the matter is conducted.

“This is our Sindh and we will continue to fight to restore this identity,” Nawaz said. 

Dr. Kumbhar’s killing marks the second such incident in recent weeks. Earlier this month, a police officer in Balochistan province killed a blasphemy suspect in custody, highlighting the grave dangers faced by persons accused of blasphemy in Pakistan.

Human rights groups and civil society organizations have urged the Pakistani government to repeal the country’s blasphemy laws, which they argue contribute to discrimination and violence. They have also called for a comprehensive review of law enforcers’ response to blasphemy accusations.


Pakistan PM, Bangladesh chief adviser agree to expand bilateral ties at UNGA sideline meeting 

Pakistan PM, Bangladesh chief adviser agree to expand bilateral ties at UNGA sideline meeting 
Updated 25 September 2024
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Pakistan PM, Bangladesh chief adviser agree to expand bilateral ties at UNGA sideline meeting 

Pakistan PM, Bangladesh chief adviser agree to expand bilateral ties at UNGA sideline meeting 
  • Shehbaz Sharif attends ceremony hosted by Dr. Yunus to mark 50 years of Bangladesh’s UN membership 
  • Relations between Pakistan, Bangladesh have improved since Sheikh Hasin’s ouster from office in August 

ISLAMABAD: Pakistan’s Prime Minister Shehbaz Sharif met Bangladesh Chief Adviser Dr. Muhammad Yunus on Wednesday at the sidelines of the United Nations General Assembly (UNGA) session in New York, with both sides agreeing to forge stronger ties and enhance bilateral cooperation in various fields. 

Bitter relations between Bangladesh and Pakistan have witnessed a thaw since the ouster of former prime minister Sheikh Hasina on Aug. 5 as a result of a student-led uprising in the country that saw hundreds killed.

Established together as one independent nation in 1947, Bangladesh won liberation from then-West Pakistan in 1971. Relations between the two countries continued to deteriorate during Hasina’s administration, which prosecuted several members of the Jamaat-e-Islami (JI) party for war crimes relating to the 1971 conflict.

Sharif met Yunus at a ceremony hosted by the Bangladeshi leader to mark the completion of 50 years of Bangladesh’s membership in the United Nations, the Pakistani premier’s office said.

“The two leaders agreed to promote cooperation between Pakistan and Bangladesh in various fields,” the Prime Minister’s Office (PMO) said. “There was a positive discussion regarding the expansion of bilateral relations between Pakistan and Bangladesh.”

Dr. Younis welcomed Sharif and his delegation, which included Defense Minister Khawaja Asif, Information Minister Attaullah Tarar, Education Minister Dr. Khalid Maqbool Siddiqui and the prime minister’s aide Tariq Fatemi, the PMO said. 

Pakistan’s foreign office earlier this month said Islamabad seeks “robust, multifaceted relations, friendly relations” with Bangladesh to ensure peace and stability in the region. 

Sharif arrived in New York this week to engage with world leaders and present Pakistan’s stance on key global issues such as “terrorism,” Israel’s war on Gaza and the Kashmir dispute. 


Pakistani officials visit Dubai immigration center, observe measures for resolving residency issues ‘swiftly’

Pakistani officials visit Dubai immigration center, observe measures for resolving residency issues ‘swiftly’
Updated 25 September 2024
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Pakistani officials visit Dubai immigration center, observe measures for resolving residency issues ‘swiftly’

Pakistani officials visit Dubai immigration center, observe measures for resolving residency issues ‘swiftly’
  • UAE’s amnesty scheme allows visa violators to regularize their status or leave without penalties 
  • Pakistani expatriates constitute one of the largest and most vibrant communities in the UAE

ISLAMABAD: A team from Pakistan’s Consulate General in Dubai visited the Al-Awir Immigration Center in Dubai on Wednesday and praised the various amnesty services being offered to visa violators in the Gulf country. 

The UAE’s two-month amnesty scheme, running from September 1 to October 31, allows visa violators, mostly from South Asia, to either regularize their status or leave without penalties.

The amnesty aims to reduce the number of undocumented residents, enhancing social stability and ensuring compliance. It offers a fresh opportunity for many in the country to rebuild their lives by securing legal status and better jobs.

“A dedicated team from the Consulate General of Pakistan conducted a visit to the Al Awir Immigration Center set up by the General Directorate of Residency and Foreign Affairs (GDRFA) Dubai and observed various amnesty services at the Center,” the Consul General of Pakistan in Dubai said in a press release. 

It said the Pakistani team was given an overview of the measures in place to assist individuals in resolving residency issues “swiftly and efficiently.”

“The visiting team conveyed deep appreciation to the UAE government for its continued support and compassion toward expatriate communities, particularly Pakistanis,” the statement said. 

Pakistani expatriates constitute one of the largest and most vibrant communities in the UAE. The Gulf country is Pakistan’s third-largest trading partner after China and the United States. It is also an ideal export destination for the South Asian nation as the short distance between the two countries limits transportation costs and facilitates commercial exchanges.

UAE is also home to over a million and a half Pakistani expatriates and after Saudi Arabia, is Pakistan’s largest source of workers’ remittances and the preferred choice of thousands of laborers who live and work in the country. 


Ex-PM Khan’s party threatens Pakistan-wide protests if denied permission for Rawalpindi, Lahore rallies

Ex-PM Khan’s party threatens Pakistan-wide protests if denied permission for Rawalpindi, Lahore rallies
Updated 25 September 2024
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Ex-PM Khan’s party threatens Pakistan-wide protests if denied permission for Rawalpindi, Lahore rallies

Ex-PM Khan’s party threatens Pakistan-wide protests if denied permission for Rawalpindi, Lahore rallies
  • Khan’s party plans to hold rallies in Rawalpindi, Lahore on Sept. 28 and Oct. 5, respectively 
  • PTI says going “all-in” to stop proposed constitutional amendments, demand Khan’s release

ISLAMABAD: The opposition party of jailed former prime minister Imran Khan has sought permission from authorities in Rawalpindi and Lahore to hold their upcoming rallies in the two cities, threatening nationwide protests if they are denied the same. 

Khan’s Pakistan Tehreek-e-Insaf (PTI) party plans to hold public gatherings in Rawalpindi and Lahore on Sept. 28 and Oct. 5, respectively. The PTI aims to build public pressure for Khan’s release, who has been in jail since August last year on multiple charges including corruption, sedition and “terrorism.” Khan denies the allegations and says they are politically motivated to keep him and his party away from forming its government. 

The PTI, which had struggled to organize rallies in the country since last year to build public pressure for Khan’s release, this month held public gatherings in Islamabad and Lahore. However, the local administration in Islamabad registered criminal cases against the party’s leadership for allegedly violating their agreement with authorities. The gathering in Lahore came to an abrupt end on Saturday after authorities cut off electricity supply to the venue, accusing the party of violating the 3-6pm deadline. 

“PTI has decided to hold political gatherings in Rawalpindi at Liaqat Bagh on Sep 28 and in Lahore’s Minar-e-Pakistan from 5pm to 11pm on Oct. 5,” the party said in a statement. “As per the instructions of founding chairman Khan, the party will hold a nationwide protest if the permission is not granted.”

In the request submitted to the Rawalpindi deputy commissioner, the PTI said it believed in the maintenance of law and order, and discipline, and was ready to cooperate with authorities to ensure a “smooth and hassle-free political gathering.”

The party claimed that the denial of its right to hold political gatherings would be tantamount to “violating the basic constitutional principle on which the foundations of a political party rests.”

PTI said it does not accept the government’s move to have the proposed constitutional amendments passed by parliament. The party said it maintains that the constitutional amendments should only be introduced in the best interests of the country and not for personal gain, adding that it was going “all-in” to stop them.

The government’s proposed 53 constitutional amendments have alarmed experts and political opponents who say are aimed at asserting the executive’s authority over key judicial appointments. 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 amendments have also invited protests and anger from Pakistan’s legal fraternity, who have vowed to take to the streets if the government manages to pass them with a two-thirds majority. The government, on the other hand, has vowed to build a “wider consensus” on the constitutional amendments. 

Khyber Pakhtunkhwa Chief Minister Ali Amin Gandapur, a senior member of Khan’s party, this week announced that the party will hold nationwide protests to demand the independence of the judiciary and Khan’s release from prison on Friday. 

CRACKDOWN

Khan’s party says it has faced an over a year-long crackdown since protesters allegedly linked to the party attacked and damaged government and military installations on May 9, 2023 after Khan’s brief arrest that day in a land graft case.

Hundreds of PTI followers and leaders were arrested following the riots and many remain behind bars as they await trial. The military, which says Khan and his party were behind the attacks, has also initiated army court trials of at least 103 people accused of involvement in the violence.

Khan, who has been in jail since last August, was ousted from the PM’s office in 2022 in a parliamentary vote of no confidence after what is widely believed to be a falling out with Pakistan’s powerful military, which denies being involved in politics.

Since his removal, Khan and his party have waged an unprecedented campaign of defiance against the military. 


In new challenge to army, Islamabad court questions ‘legal standing’ of military’s media wing

In new challenge to army, Islamabad court questions ‘legal standing’ of military’s media wing
Updated 25 September 2024
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In new challenge to army, Islamabad court questions ‘legal standing’ of military’s media wing

In new challenge to army, Islamabad court questions ‘legal standing’ of military’s media wing
  • Pakistan’s media watchdog has instructed TV channels to seek army media wing’s approval before inviting retired officers as defense analysts 
  • Justice Babar Sattar is among six Islamabad judges who accused army’s ISI spy agency of coercing them in ‘politically consequential’ cases

ISLAMABAD: The Islamabad High Court (IHC) on Wednesday sought a clarification from Pakistan’s electronic media watchdog about the legal standing of the military’s media wing and its “exclusive authority” to decide who could appear on television talk shows as a defense analyst.

The court was hearing a case challenging a much-debated April 2019 notification by the Pakistan Electronic Media Regulatory Authority’s (PEMRA) in which it instructed TV channels to seek clearance from the Inter-Services Public Relations (ISPR), the military’s media wing, before inviting retired military officers on current affairs programs as analysts “to solicit their views on matters of national security.”

Following PEMRA’s notification, the ISPR released a list of 26 retired officers that it said were allowed to appear as defense analysts. 

“When asked as to what is the legal standing of ISPR and how is ISPR assuming the exclusive right to determine who can be a Defense Analyst in Pakistan, the learned Assistant Attorney General seeks time to assist the Court,” Justice Babar Sattar’s written order read. “Let the matter be fixed for 20-11-2024.”

The court also questioned why PEMRA had issued that notification in the first place and whether it had received a request from within the Pakistan army or ISPR.

PEMRA’s lawyer sought more time from the court to respond.

“Let PEMRA produce before the Court the original noting file on the basis of which the impugned notification was processed, recommended and issued to assist the Court as to why PEMRA felt the need to issue the said notification,” Justice Sattar wrote. 

During the hearing, the court also asked PEMRA’s counsel about the watchdog’s authority to regulate the content of discussions on TV and issue directions for the pre-clearance of individuals by ISPR or others. 

PEMRA’s lawyer pointed to Section 20-A of the PEMRA Ordinance, which relates to the obligation of licensees to uphold the sovereignty, integrity and security of Pakistan. 

“When asked as to what does pre-clearance of individuals providing content on TV have to do with the sovereignty or security of Pakistan and how can PEMRA impose a prior restraint on speech, the learned counsel for PEMRA seeks further time to assist the Court,” the written order read. 

Pakistani journalist bodies and many journalists have long accused the government and the powerful military of censoring the press. Both deny allegations and insist they do not supress the freedom of the press.

Justice Sattar’s new order is nit his first challenge to the army. He was among six Islamabad High Court judges who earlier this year wrote a letter to the Supreme Judicial Council watchdog and accused the military’s ISI spy agency of intimidating and coercing them over legal cases, particularly “politically consequential” ones.

The judges provided various examples of alleged interference, including a case concerning Pakistan’s imprisoned former prime minister Imran Khan. The letter also mentioned incidents where the judges said their relatives were abducted and tortured and their homes were secretly surveilled, aiming to coerce them into delivering favorable judgments in specific cases.

In February 2019, the Supreme Court had also delivered a scathing verdict on the military and intelligence agencies exceeding their mandate and meddling in politics over their handling of protests in 2017 by a religious-political party. 

In the past, Imran Khan’s main opponent, PM Shehbaz Sharif’s ruling Pakistan Muslim League-Nawaz (PML-N), had also accused the ISI of intimidating court decisions, including those that led to convictions of his elder brother Nawaz Sharif after his ouster from the prime minister’s office in 2017.

The powerful army plays an oversized role in Pakistani politics. The country has been ruled by military regimes for almost half its history since independence from Britain in 1947. Khan and the elder Sharif both have alleged that they were ousted by the military after they fell out with the generals.

The army denies it interferes in political matters. It has so far refrained from commenting on the judges’ letter regarding the ISI’s alleged interference and intimidation.