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Pakistan's apex court to hear plea challenging divisive constitutional amendments

CJP Isa to preside over three-member bench; hearing scheduled to be held on October 17

Pakistan's apex court to hear plea challenging divisive constitutional amendments
A view of Pakistan's Supreme Court on the night of Sunday, September 15, 2024. The executive and legislative arms of the government all sprung to action close to midnight to scrape together votes for a constitutional amendment.
Nukta

Pakistan's Supreme Court (SC) has formed a three-member bench to hear a petition challenging the constitutional amendments that the government has been wanting to pass for the past month.

The bench will be presided over by Chief Justice Qazi Faez Isa and includes justices Naeem Akhtar Afghan, and Shahid Bilal Hassan as the other members.

The bench will convene on October 17 to hear the plea, filed by former Supreme Court Bar President Abid Zuberi.

Efforts on to pass contentious amendments

Pakistan's government is accelerating efforts to establish a federal constitutional court through sweeping amendments to the country's legal framework, racing against an October 25 deadline. This date marks the retirement of Chief Justice Qazi Faez Isa, whom the government perceives as sympathetic to their cause.

The ruling coalition is pushing to pass reforms before the shift in judicial leadership. The proposed changes, which include the creation of constitutional courts and revised procedures for appointing judges, have sparked heated debate among political parties.

In an ongoing effort to finalize the constitutional amendments, a special parliamentary committee convened its sixth in-camera session at Parliament House today. The session was chaired by senior PPP leader Syed Khursheed Shah.

This crucial meeting saw the participation of key political figures, including representatives from the government, the opposition, and legal experts, as well as the submission of a significant constitutional draft by the Jamiat Ulema-e-Islam (JUI-F).

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Key participants and proposals

The meeting was attended by prominent figures such as PTI's Barrister Gohar, Omar Ayub, and Asad Qaiser, alongside JUI-F's Senator Kamran Murtaza and MNA Shahida Akhtar Ali.

Representing the PPP were Sherry Rehman and Naveed Qamar, while Deputy Prime Minister Ishaq Dar, Federal Law Minister Azam Nazeer Tarar, and Senator Anusha Rehman participated on behalf of the government.

Farooq Sattar and Amin-ul-Haque joined the session from MQM among other coalition partners.

A key highlight of the session was the presentation of JUI-F's 24-point constitutional amendment draft by Senator Kamran Murtaza.

The draft, developed under the guidance of party chief Maulana Fazlur Rehman, proposed the formation of a Supreme Court bench composed of the most senior judges to oversee constitutional matters, rather than establishing a separate constitutional court.

This proposal triggered extensive discussions within the committee, particularly regarding judicial reforms and the creation of constitutional courts.

However, the session ended with the formation of an informal sub-committee which will be headed by Federal Law Minister Azam Nazeer Tarar. Other members of the sub-committee include Naveed Qamar, Barrister Gohar, Anusha Rehman, and Kamran Murtaza.

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