No legal challenge over constitutional amendments yet as petitioners withdraw pleas

Pakistan's Supreme Court (SC), under a three-member bench headed by Chief Justice Qazi Faez Isa, dismissed petitions challenging the proposed constitutional amendments after the petitioners sought to withdraw their case.

During the hearing, senior lawyer Hamid Khan, representing the petitioners including Abid Zuberi, appeared before the bench. He informed the court that they wished to withdraw the petitions.

Chief Justice Isa, engaging with Hamid Khan, questioned the necessity of a lawyer for simply withdrawing a petition. "Abid Zuberi could have withdrawn the petition himself," remarked the chief justice. He further noted that another petition, with attached objections, had also been scheduled.

In response, Khan stated that both the petitions would be withdrawn. Subsequently, the court dismissed the petitions based on their withdrawal.

The case, which had drawn significant attention, was initially filed by Abid Zuberi against the proposed constitutional amendments. However, with the withdrawal, the legal challenge has come to a close for the time being.

On Oct. 12, the top court formed a three-member bench to hear the petitions challenging the constitutional amendments that the government has been wanting to pass for the past month.

The bench was to be presided over by Chief Justice Isa and included Justices Naeem Akhtar Afghan and Shahid Bilal Hassan.

'Timing, date for case not right'

Speaking to media outside the apex court, Khan explained that the decision to withdraw was based on the timing of the case, stating, "In these circumstances, we deemed it appropriate to withdraw this petition while reserving our right to challenge any future draft or proposal that may arise."

Khan further emphasized that it is customary for outgoing chief justices not to preside over significant cases, noting that incoming chief justices typically handle such matters as they will be responsible for following up on them in the future. "We believe that this was neither the appropriate time nor date for scheduling this case," Khan remarked.

The petition had drawn significant attention due to its challenge to the government's proposed constitutional amendments, but with its withdrawal, the legal dispute has come to a temporary halt. However, Khan's statement indicates that future challenges could be expected if new drafts or proposals emerge.

Passing the amendments

Efforts have been on to pass the divisive constitutional amendments for the past month. The first attempt came on the weekend of Sept. 15. However, in its first attempt, the long-awaited assembly session to present the constitutional bill started at 11.06 PM, and was adjourned shortly after for the next day after consensus eluded lawmakers.

Since then, stakeholders have met for several in-camera sessions of the special parliamentary committee for the constitutional amendments at Parliament House.

Maulana Fazlur Rehman's Jamat-e-Ulema Islami (JUI-F) has submitted a 24-point draft tracking changes in the proposed amendment, whereas the Pakistan People's Party (PPP) and Muttahida Qaumi Movement-Pakistan (MQM-P) have also submitted their respective drafts.

The JUI-F's draft proposed that constitutional matters be overseen by a Supreme Court bench made up of the most senior judges, rather than creating a separate constitutional court.

Where things stand now

A four-hour dinner party at Jati Umra, the ruling Sharif's residence in Pakistan's northeastern city of Lahore, aimed at winning support over a controversial "judicial reform package" ended in vain.

The country's top leadership, Prime Minister Nawaz Sharif, President Asif Ali Zardari, and former Foreign Minister Bilawal Bhutto Zardari gathered on Wednesday to discuss constitutional amendments, which have created fissures in the national political landscape.

Foreign Minister Ishaq Dar, Interior Minister Mohsin Naqvi and other senior ministers were also present at the dinner.

All of them were trying to woo Maulana, who heads one of the largest religious parties in the country.

The proposed changes include the creation of constitutional courts and revised procedures for appointing judges.

The meeting was hosted by the ruling party Pakistan Muslim League - Nawaz (PML-N) supremo Nawaz Sharif.

With only eight seats in the National Assembly – the lower house of parliament - Maulana's party has emerged as the kingmaker. Without his support, the ruling coalition does not have enough numbers to pass the amendment.

Conflicting accounts

After midnight, a trio representing three different parties, Bilawal, Dar, and Maulana, spoke to reporters.

Maulana said that he would meet estranged Pakistan Tehreek-e-Insaf (PTI) representatives whose founder Imran Khan is in jail. Their input will be incorporated into the constitutional amendments, he said.

However, Maulana said that he is maintaining his previous stance and rejecting the initial draft proposed by the government.

But the ruling coalition's remarks have created some confusion. It seemed like they all went to watch the same movie, but came out with different reviews.

Bilawal thanked Maulana and said the three political parties have reached a consensus.

"We seek the supremacy of the Constitution through constitutional courts and demand swift justice," said Bilawal, who also heads the PPP, one of the key ruling coalition partners.

"At an appropriate time, we will ensure the proposed amendment is passed by both houses of parliament," he added.

Dar echoed his view. "The three parties have agreed on the judicial reforms in constitutional amendment. And, consensus will be achieved on other proposed amendments in the coming days," Dar told reporters.

But if consensus was reached, why was a crucial Cabinet meeting planned for Thursday prior to introducing the amendment in Parliament postponed?