After the 26th amendment in the constitution, the law experts are discussing the spirit of newly formed parliamentary headed judiciary system in the country in which the hiring and firing authority of the chief justice of Supreme Court and senior judges will be the judicial commission of Pakistan which include two members of the National Assembly, two members of the Senate and one woman or non-Muslim member, to be nominated by the Speaker of the National Assembly. The Law Minister, the Attorney General of Pakistan, and a representative of the Bar were already members of the JCP and remain so, according to this amendment there could be a chance to influence the justice system of the country by politics, that is why the lawyers are call for the full court pleas against the said amendment in the constitution of Islamic Republic of Pakistan.
Yesterday the Supreme Court Bar Association former president and senior lawyer Munir Ahmed Malik on Saturday said the judiciary would not play the role of a silent spectator on the 26th Constitutional Amendment, which is against the basic structure of the Constitution and an attack on the independence of judiciary, but there is big question mark? On the expectation of lawyers from CJ, that he could take any action against the 26th amendment because he himself is appointed by the same political commission, so how will be possible for him to give any decision against the amendment?
However, Munir A Malik hoped the Supreme Court will constitute a Full Court for hearing the petitions challenging the amendment. Other lawyers, including SCBA former presidents Hamid Khan, Ali Ahmed Kurd and Abid Shahid Zubairi, were also present on the occasion.
Munir Ahmed Malik said that the whole legal fraternity has not accepted the 26th Constitutional Amendment as it had attacked the fundamental rights as well as the independence of judiciary.
According to lawyers these amendments are a direct attack on judiciary, thus they are united and have realized that the people of this country are looking towards us, hence, we will not disappoint them.
Accualy the group of some senior lawyer thinks that the judiciary will play at front foot and will not play the role of a silent spectator. These lawyer are also hope for the news freedom of judiciary movement as they for national action committee in IHCBA president was present which is constituted for launching another lawyer movement and had suggested to convene a lawyers convention at Islamabad and all segments of the society, including student unions, labor unions and members of civil societies, should be invited to the convention as these constitutional amendments are a direct attack on fundamental rights as well as the Constitution.
According to Munir A Malik the National Action Committee supports those petitions challenging the 26th Constitutional Amendment and would pursue the petitions filed in Supreme Court.
The National Action Committee meeting has resolved that the amendment is against the basic structure of Constitution and its salient features, and no independent court can accept this amendment. Thus the lawyers expect the Supreme Court will constitute a Full Court for hearing these petitions and the court will realize that it is now or never.
The National Action Committee for lawyer movement was held in the Supreme Court, attended by senior lawyers as well lawyer’s representatives from all the provinces.
It is all set for the new lawyer’s movement in the country. If the movement will starts then it could be counter by the government in which there is the possibility of agitation, so the high ups of the government will have to tackle this situation with calmness and should leave an open space for the negotiation with lawyer to hold the issue, because Pakistan is not in the position to observe more anarchy in presence of political instability.
