PPP Chairman Bilawal Bhutto Zardari has expressed his fear that the tabling of the constitutional amendment in Parliament would be difficult after October 25.

“There will be challenges to constitutional amendment after October 25,” the scion of the Bhutto dynasty told a Supreme Court Press Association delegation at the Zardari Hosue on Tuesday. “The reserved seats case decision suggests this direction. If amendments occur before October 25, there will not be any complications.”

He did not present any context for his statement, but the aforementioned date is significant for the legal fraternity as incumbent Chief Justice of Pakistan Qazi Faez Isa who will retire on this date. Senior puisne judge Justice Mansoor Ali Shah will precede him as the next CJP.

Last month, CJP Isa clarified that he had refused a proposed extension in his tenure under age limit reforms.

Described as the “26th Constitutional Amendment”, the intended legislation was set to propose a fixed three-year tenure for the chief justice of Pakistan.

Although the legislation was initially scheduled to be introduced in the National Assembly and Senate last month, the government was unable to present it over the weekend despite intensive efforts to secure the necessary support.

The details of the proposed amendments, which had largely been kept under wraps, were discussed during a special parliamentary committee meeting on September 15. It was aimed at bringing the opposition on board, much to the dismay of both opposition members and government allies.

JUI-F chief Maulana Fazlur Rehman rejected the proposed constitutional amendments on September 18 and laid out his party’s stance on the issue. But he has supported the demand for constitutional courts without any person-specific legislation.

The ruling of reserved seats case, which the PPP chief referred to, declared Imran Khan’s Pakistan Tehreek-i-Insaf eligible for seats reserved for women and minorities.

Bilawal stated that the Supreme Court has recognised Parliament’s right to legislate.

He further stated that if he were leading the amendments, he would have included the PTI in the discussions. “Maulana wishes for PTI to be brought along as well,” he added.

Bilawal mentioned that the government had shared the idea of amendments with the judiciary before discussing it with them, which subsequently led to reserved seats being taken away from them. He speculated that this might be why the amendments were kept confidential this time.

When asked by a journalist whether the founder of PTI should face a military trial, Bilawal responded: “If a military trial is to be conducted, then evidence should be provided.” He said: “Don’t worry, the power to grant amnesty is in our hands right now.”

He also pointed out that the PTI had noticed flaws in the judiciary only after 2022. Reflecting on the past, Bilawal stated, “In the 1990s, we used to advocate while the PML-N would appoint judges.” He criticised the practice of writing lifetime appointments for a single individual in amendments.

Bilawal stated that the establishment of a constitutional court was part of the Charter of Democracy. He expressed a desire for constitutional courts at the provincial level as well.

Speaking about the Karachi unrest case, he criticised its prolonged pending status, claiming that the court used the unrest as a basis to change the local government system in Sindh. He questioned why unrest was only acknowledged in Karachi and not in Khyber Pakhtunkhwa or Balochistan.

Bilawal noted that the court had effectively separated the Constitution from the case concerning Sindh, stating, “A judge might say they want a Karachi from the 1950s. If we go back to that Karachi, no buildings will be constructed, and economic opportunities will be lost.”

He lamented the misuse of power by the establishment, asserting that he could speak out against it, but criticising the judiciary often leads to contempt charges. He expressed confidence in Justice Mansoor Ali Shah, stating he does not misuse his powers.

Bilawal added that when they transferred all powers from the president to the prime minister, why could the court not do the same? He pointed out that they also kept the Senate above the National Assembly.

He criticised the judiciary during Iftikhar Chaudhry’s era, claiming it acted as a government above the government.

He urged politicians to return to the political sphere, stating, “End the game of who will become prime minister and who will be the chief justice.”

He also noted the increasing polarisation, where it is said that only those aligned with Imran Khan are considered right. “The founder of PTI’s politics is unnecessary.”

The PPP chief questioned whether threatening the business community to fund dams was not a misuse of power, calling for an end to such practices.

More to follow…