Hundreds of Pakistani lawyers on Sunday urged judges to distance themselves from a proposed federal constitutional court in the country, saying that any complicity in this regard would be tantamount to the “defacement” of the constitution.
Pakistan’s government this month sought to get a package of 52 history-making constitutional amendments passed in parliament but did not present it after failing to secure the required two-thirds majority needed for them to pass.
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 lawyers, 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.
“An assault on our Constitutional compact is being cloaked in the thin garb of arguments grounded in the supremacy of law. These are arguments that do not withstand the slightest intellectual scrutiny, given any serious consideration,” a group of over 300 senior lawyers said in an open letter addressed to the judges of high courts and the Supreme Court of Pakistan.
“We urge you – the judges of our constitutional courts – not to recognize this proposed court if such a bill is passed. We urge those of you who may be hand-picked to serve on it not to do so. Complicity will be no defense of the Constitution: it will be its defacement.”
This week, Aqeel Malik, a government spokesman on legal affairs, said Pakistan’s ruling coalition would table the constitutional amendments package in parliament in the first week of October.
The opposition Pakistan Tehreek-e-Insaf (PTI) party has alleged that the amendments are an attempt to grant an extension to incumbent Chief Justice of Pakistan Qazi Faez Isa.
Pakistan’s defense minister this month rejected the allegations and said the amendments would address “constitutional imbalances,” adding that public representatives had the right to undo any “intrusions” into parliamentary powers and the constitution.
“We refuse to engage, in good faith, with any such ideas because they are not ideas rooted in good faith,” the lawyers said, in their open letter to the judges of Pakistan’s superior courts.