Pakistan's federal cabinet meets past midnight to approve fiercely argued constitutional amendments

It is developments galore in Pakistan even after midnight as the federal government appeared to be dead set on passing its much-debated constitutional amendments with or without the full consensus of all parliamentarians.

While a meeting of Pakistan’s federal cabinet has convened, the much-anticipated Senate session that began after a three-hour day delay at 11:48 p.m. was postponed shortly before 12 a.m. It is expected to reconvene again considering the date has changed.

As of the latest reports, the National Assembly session has been postponed until 11:30 a.m. tomorrow

Meetings at Maulana's residence

The residence of erstwhile government ally Maulana Fazlur Rehman remained the 'hot spot' as several key government members and allies arrived - some for a second time - for a final huddle before introducing the amendments in the Senate session.

Deputy Prime Minister Ishaq Dar, federal interior and law ministers Mohsin Naqvi, and Azam Nazeer Tarar, and the Chief of the party considered to be the closest ally of the Pakistan government, Bilawal Bhutto-Zardari were at former ally Maulana Fazlur Rehman's residence to wrap up final talks regarding the reforms.

A screengrab of the PPP's post on X about party chief Bilawal Bhutto-Zardari arriving at Maulana Fazlur Rehman's residence for the second time on October 19, 2024.@MediaCellPPP / X

Prime Minister Shehbaz Sharif was said to have contacted the government’s legal team at the residence of Jamiat Ulema Islam- Fazl chief to discuss the progress on the ongoing constitutional amendment negotiations during the consultation. The legal team briefed the Prime Minister on the discussions held with the JUI-F chief regarding the amendments.

Shortly after, Senator Akhtar Mengal of the Balochistan National Party-Mengal (BNP-M) also arrived at the Maulana's residence. The senator has yet to give his assent to the amendments. He has complained of his party's lawmakers being forced through illegal means to vote in favor of the package.

According to sources, the JUI-F chief was handed over the final draft, which is expected to be passed as a private member's bill in the upper house tonight.

'PPP, JUI-F in 100% agreement'

Addressing the media today, Bilawal informed the media about his ongoing engagement with erstwhile ally Maulana Fazlur Rehman concerning the constitutional amendments.

Pakistan Peoples Party (PPP) leader announced that after discussions in Karachi, there is complete agreement between the PPP and Jamiat Ulema Islam-Fazl (JUI-F) on the legislative content related to judicial reforms.

During today’s meeting, he expressed his desire for Maulana Fazl to present the legislation in Parliament, emphasizing that the draft is equally representative of both parties. Initially focused on forming a constitutional court, the discussion has now concluded with a consensus on establishing constitutional benches. The aim is to strengthen Parliament by reversing the 19th Amendment.

Bilawal clarified that the draft aligns with Maulana Fazlur Rehman’s proposals, addressing misconceptions that either party has compromised its principles. The draft reflects their consensus on judicial reforms and incorporates Maulana’s demands, particularly concerning interest and the Council of Islamic Ideology.

A screenshot of the PPP's post on X live streaming the party chief's press briefing along with JUI-F leader Senator Kamran Murtaza. @MediaCellPPP / X

He also mentioned that the meeting with the PTI’s founding leader, which was previously discussed between PTI and Maulana Fazlur Rehman, has now taken place.

Bilawal believes the JUI-F chief will engage with the PTI to gather their input, expecting their support for the draft since it contains no objectionable provisions. He emphasized that the PTI must demonstrate its commitment to the political process, asserting that success in politics requires compromise and consensus.

Bilawal further remarked that neither the PPP nor Maulana Fazlur Rehman bear responsibility moving forward, having done everything politically possible. The onus now rests with the PTI.

He highlighted that the Constitution, handed down by their elders, is why both parties have worked tirelessly on this legislation. He stressed that it should not be viewed solely as a government bill, as its passage would represent a political victory for all democratic forces if Maulana Fazlur Rehman presents it, safeguarding both democracy and the Constitution.

He asserted that passing the amendment by consensus would echo the successes of the 18th Amendment and the 1973 Constitution. Conversely, passing it by majority without consensus would be a setback.

Bilawal noted that the government has shown great patience and expressed hope that the PTI would learn from the Maulana’s experience and political acumen. He said that if the PTI chooses an alternative path, the responsibility will lie with them.

Talks over amendments to continue: PTI

Having had their core demand met of a meeting with party founder and former prime minister Imran Khan in Adiala jail, leaders of the opposition Pakistan Tehreek-e-Insaf (PTI) later met with the JUI-F chief.

Following the meeting, the party delegation told journalists in passing that talks were to continue with the JUI-F chief over the amendments. They left without formally addressing the media.

Maulana Fazlur Rehman was expected to make a last attempt at gaining the opposition lawmakers’ agreement over the constitutional amendments before they are presented in Parliament.

In a media talk following the meeting with Imran, PTI Chairman Barrister Gohar Ali Khan revealed that former Imran praised Maulana Fazlur Rehman for his support of judicial independence during challenging times.

A screenshot of the PTI's post on X live streaming the press briefing of its party's leaders following a meeting with PTI founder and ex-Prime Minister Imran Khan in Adiala jail.@PTIofficial / X

At a press conference in K-P House, Islamabad, Gohar demanded that Imran Khan's rights be respected. He shared details from a 45-minute meeting with Khan, highlighting the poor conditions of Khan's detention.

“We expected the meeting to last about an hour and a half, but we were asked to leave halfway through,” Gohar said. Despite the shortened meeting, Khan provided four names for further consultations. Gohar hoped for another meeting with the party founder on Monday.

Gohar emphasized Khan’s commitment to national sovereignty, quoting him as saying: “I will never compromise on the nation’s sovereignty.” He also mentioned that a doctor was sent to examine Khan and demanded that he receive all entitled legal facilities.

“There has been no electricity in Khan's cell for five days. Keeping him in isolation in a small cell violates his human and constitutional rights,” Gohar stated.

He added that Imran has been denied access to TV and newspapers for two weeks, leaving him unaware of recent constitutional developments.

Delay after delay

Following an alleged consensus on the 26th constitutional amendment, Prime Minister Shehbaz Sharif initially scheduled a federal cabinet meeting for 9:30 a.m. today to approve the constitutional amendment as per procedure, before presenting it in the Senate and National Assembly for further approval.

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However, the meeting was postponed multiple times—first to 11 a.m., then to noon, and then to 1:30 p.m. Several hours later, the meeting was yet to commence. It might not happen at all if Fazl agrees to present the amendments himself.

Similarly, the Senate session, originally set for 11 a.m., was rescheduled to 12:30 p.m. and later to 3:00 p.m. It was then put off until 6:30 p.m, and now again to 8:00 p.m. The National Assembly session, which is to follow the Senate session, was earlier moved to 3 p.m. then to 7 p.m, and now again to 9:30 p.m.

Alleged consensus

A day earlier, Pakistan Peoples Party's (PPP) Syed Khursheed Shah, head of the special committee on constitutional amendments, claimed that a unanimous consensus had been reached on the government’s proposed amendments, with the committee approving the draft.

The ruling Pakistan Muslim League-Nawaz (PML-N) has been pushing to pass these amendments for over a month but struggled to gain full support, even from its coalition partners.

The proposed amendments aim to create a Federal Constitutional Court (FCC), raise the retirement age for superior judges by three years, and modify the process for appointing the Chief Justice of Pakistan's Supreme Court.

The opposition, Pakistan Tehreek-e-Insaf (PTI), claims the changes are intended to extend the tenure of Chief Justice Qazi Faez Isa, whom they view as aligned with the government and against their leader, Khan. The government denies these allegations. The apex court has also scheduled the CJP's farewell reference.

Speaking after the meeting, Shah said the draft would be presented to the federal cabinet. The proposal also includes provisions allowing overseas Pakistanis to participate in elections.

Parliamentary leaders at seventh in-camera meeting of the Special Committee, Parliament House on October 14, 2024. Left to right: Federal Law Minister Azam Nazir Tarar, PPP member Sayed Naveed Qamar, PPP Senator Sherry Rehman, PMLN Senator Irfan Siddiqui, PTI Chairman Gohar Ali Khan, Opposition Leader Umar Ayub, Chairman BAP Khalid Magsi, Head of Sunni Itthad Council Sahibzada Hamid Raza, Head of MWM Senator Allama Nasir Abbas, PMLQ Senator Kamil Ali Agha. National Assembly

Farooq Sattar of the Muttahida Qaumi Movement-Pakistan (MQM-P) added, "We have reached a near-consensus on the draft. The proposal is almost finalized."

However, PTI rejected claims of unanimous approval. PTI leader Malik Aamir Dogar called reports of joint approval "baseless," stating that both he and Jamiat Ulema-e-Islam-Fazl (JUI-F) member Shahida Rehman opposed the draft.

Dogar also said PTI's leadership is still in discussions with Maulana Fazlur Rehman regarding the amendments. "We informed the committee that final approval would depend on the outcome of our leadership's meeting with Maulana Fazlur Rehman. As of now, PTI’s stance is to reject the draft," he explained.

He further criticized the committee for disregarding PTI’s suggestions and moving forward with approval. "It should be on record that PTI opposed the draft," Dogar stressed.

What's in the draft

A source involved in the meetings told Nukta that military trials for civilians attacking significant military installations, military property within cantonment areas, and harassing military personnel at check-posts included in an earlier draft were taken out. These could have had a bearing on cases related to the May 9, 2023 riots, which also involve the founder of the PTI, Imran Khan.

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