The Pakistan Muslim League-Nawaz and the Pakistan Peoples Party have stepped back from their plans to establish constitutional courts and agreed to have a bench, according to reports as the ruling coalition plans to present the constitutional amendments in the Senate on Friday (tomorrow).
This came during the parliamentary committee on tweaks in the Constitution on Thursday.
PPP lawmaker Khursheed Shah presided over the parliamentary committee meeting on the constitutional amendment. Law Minister Azam Nazeer Tarar, Sherry Rehman, and Awami National Party’s Aimal Wali Khan participated in the meeting alongside PTI Chairman Gohar Ali Khan and Leader of the Opposition in the National Assembly Omar Ayub.
Described as the “26th Constitutional Amendment”, the intended legislation was set to propose a fixed three-year tenure for the chief justice of Pakistan and form a constitutional court.
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.
Many legal experts are concerned that such proposed changes could undermine the independence of the judiciary by limiting the Supreme Court’s jurisdiction to only civil and criminal appeals or petitions
But ruling parties made significant progress on Wednesday in securing the backing of JUI-F chief Maulana Fazlur Rehman for their proposed judicial reform package.
Despite this advancement, the parties still need the cooperation of Imran Khan’s PTI to achieve full consensus on the constitutional amendments, which have recently become a contentious issue in national politics.
Sources told Aaj News that the issue of constitutional courts has been removed from the “26th constitutional amendment.” The government and JUI-F have agreed to form a constitutional bench and have decided to consult the PTI on a joint draft. Fazl is expected to share the final draft with the PTI leadership.
Meanwhile, sources within the PPP stated that if the constitutional bench receives “constitutional protection,” the Sindh-ruling party may be satisfied with it; otherwise, it would not. The PPP and JUI-F are “aligned on this single point.”
There are “some concerns” within the PML-N regarding the draft of the amendment. Sources stated that PPP Chairman Bilawal Bhutto Zardari has informed the PML-N that he has “promised the amendment to Fazl and cannot backtrack on their agreement.”
In an informal conversation with Aaj News, PML-N leader Anusha Rahman stated that there was a preliminary consensus on forming a constitutional bench instead of a full court and discussions were under way to finalise the details of a five-member bench.
Rahman added that the appointment of the chief justice would be conducted through a commission.
The committee would again meet tomorrow (Friday) at 12:30pm to finalise the draft involving six parties before the session. But a definitive decision has yet to be reached.
Following the meeting, PPP’s Khursheed Shah told reporters that the draft for the constitutional amendment would be completed within two days.
He expressed frustration over the PTI members present in the committee, noting that Gohar and Ayub lack a mandate and have repeatedly failed to provide the requested draft.
Prior to the meeting, the PTI chairman spoke to the media and stated that he would meet Fazl later in the day. He expressed hope that the religio-political leader would not compromise on judicial matters. He claimed that the PTI has its draft and would present it after a meeting with party founder Imran Khan.
Gohar added that while PTI supports judicial reforms, the party opposes any efforts to subjugate the judiciary and insists that judges should not be transferred against their will.
Upon arriving for the parliamentary committee meeting, the PTI chairman expressed skepticism about the government’s voting strength. He claimed that the ruling coalition’s votes only exist “on paper.”
He criticised the government for not consulting its members and claimed it was “too afraid” to respond. Gohar alleged that when the bill will be presented in Parliament, seven government MNAs will not support it, suggesting that even Bilawal might be aware of this.
Meanwhile, Muttahida Qaumi Movement-Pakistan leader Dr Farooq Sattar said that the party was nearing a decision and added that the people “cannot be misled.” The country was at a standstill, he claimed.
PPP Senator Sherry Rehman told reporters that the special committee was “working diligently.” The PPP aims to align with the draft proposed by JUI-F, she said and added that all parties, except for the PTI, have submitted their drafts.
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Senator Irfan Siddiqui said: “Today is a day of good and significant news. It is hoped that all drafts will be consolidated soon. We are very close to reaching a consensus.”
There were “productive discussions” in the committee, which included representation from all parties, he said and urged everyone to wait for the draft. Siddiqui assured that matters would soon be resolved.
Following a luncheon hosted by the prime minister, PML-N parliamentary leader Irfan Siddiqui told reporters that the constitutional amendment would be presented in the Senate tomorrow (Friday).
PML-Z head Ijazul Haq stated that the draft would emerge from the committee and that they are nearing its finalisation, although he cautioned against rushing the process. He claimed that the matter would be resolved within a day or two.
