———- Constitutional package in limbo as Fazl opposes judges’ extension, retirement age hike
———- NA session postponed till Monday (today) as govt, opposition fail to reach consensus on constitutional amendments
———- PTI slams ‘ambush on SC’
———- Rejects proposed changes to judges’ tenure, retirement age
ISLAMABAD: Jamiat Ulema-e-Islam-Fazl (JUI-F) chief, Maulana Fazlur Rehman, has refused to support the government’s proposal to extend judges’ tenure or increase their retirement age, leaving the government-proposed constitutional amendment package hanging in the balance.
This development has created a major hurdle for the ruling coalition, which has been scrambling to secure enough support to push the amendments aimed at making major changes to Pakistan’s judicial and parliamentary systems through parliament. According to sources, while opposition parties, including the Pakistan Tehreek-e-Insaf (PTI), along with some government allies, have given conditional backing for the formation of a constitutional court, they remain divided on the issue of judges’ extension.
The development came after a meeting of special parliamentary committee, held to discuss the package, ended without a consensus, despite several rounds of consultations.
After the meeting, the session of the National Assembly (NA), initially slated for 11am today (Sunday), finally got underway late at night after multiple delays in the wake of consultations between the government and opposition.
The NA session was adjourned till 12:30pm tomorrow (Monday) shortly after it commenced. Similarly, meeting of the Senate, which was slated to take place earlier in the day, was also deferred till 12:30pm tomorrow. Meanwhile, the federal cabinet meeting — summoned for the approval of the draft amendment — was also put off until tomorrow.
The federal capital bustled on a Sunday as the government made efforts to introduce a ‘constitutional package’ that reportedly gives it greater control over judicial procedures, with several meetings between the members of ruling and opposition parties continuing throughout the day.
JUI-F’s Fazl took centre stage as both the ruling coalition and the opposition vying for his support in Parliament ahead of the expected legislation
“We haven’t received the draft amendment bill yet […] How can we vote before analysing it?” JUI-F General Secretary Maulana Abdul Ghafoor Haideri said speaking to journalists outside Fazl’s residence.
He said that the government delegation had been asked not to rush in tabling the bill. “We will participate in the [special parliamentary] committee’s meeting and present our stance,” he added.
Haideri stressed that the opposition parties should also review the amendment bill, saying they have sought “some time” before making a decision.
After a slew of meetings with the ruling coalition and opposition, Maulana Fazl arrived at the Parliament House to attend the special parliamentary committee meeting.
“Stay tuned,” the veteran politician responded to a journalist’s question in the parliament corridor.
The government had been tight-lipped on the proposed amendments to the Constitution, but clarified that the package will not be a person-specific and would give the authorities ingress in the judicial procedure.
The prospects of the said constitutional package came amid speculations revolving around extension in the tenure of Chief Justice of Pakistan (CJP) Qazi Faez Isa — who is set to retire in October this year — after the Pakistan Tehreek-e-Insaf (PTI) sought an early issuance of notification regarding the next top judge last month.
Its key points likely include the setting up of a constitutional court, a merger of the judicial and parliamentary commissions responsible for the selection of judges, as well as amendment to Article 63-A of the constitution of Pakistan, which deals with the issue of disqualification of members of parliament on grounds of defection.
As per a report published in The News, a consensus on increasing the retirement age of superior court judges has not yet been formalised, with the Pakistan Tehreek-e-Insaf (PTI) vowing to launch a countrywide protest if the age limit of Supreme Court and high court judges is revised.
Earlier, Defence Minister Khawaja Asif, in an exclusive conversation with media, asserted that they had achieved the magic number in both upper and lower houses of parliament for the passage of the much-touted constitutional amendment.
He said they have completed the numbers game for the constitutional amendment, also claiming the support of JUI-F chief Maulana Fazl Rehman after “his reservations are removed”.
“Apart from Maulana Fazl and coalition parties, some other votes will be secured,” the federal minister said without divulging into details. “They are not legally or constitutionally bound to any party.”
He hoped the ‘constitutional package’ would be adopted today, adding that its passage would improve the parliament’s environment.
In response to a question regarding the Supreme Court’s clarification on reserved seats verdict issued a day earlier, the defence czar said: “We will be successful despite the apex court’s statement favouring the opposition.”
He castigated the July 12 reserved seats verdict, terming the apex court’s decision ‘an attempt’ to block the way for the constitutional amendment.
However, after the deferral of NA session, the minister said that the
Meanwhile, media has obtained the details of a ‘closely-guarded’ constitutional amendment bill — which sources claimed that it contains more than 20 clauses aiming to introduce major changes in Pakistan’s judicial and parliamentary systems.
The bill proposes amendments to Articles 51, 63, 175, 181 and 187 of the Constitution of Pakistan. It also includes the amendment to increase the representation of the Balochistan Assembly from 65 seats to 81.
It also proposed the formation of a constitutional court — which the draft says will hear the petitions related to Articles 184, 185 and 186. The remaining four judges of the constitutional court will be appointed by the judges, sources added.
Furthermore, inter-provisional transfer of high court judges has also been proposed.
Another important amendment proposed in the bill sought appointment of Chief Justice of Pakistan (CJP) through a five-member panel comprising top court judges.
A merger of the judicial and parliamentary commissions responsible for the selection of judges sought in the amendments.
Moreover, it includes the formation of constitutional court and an increase in the number of judges in superior courts, as revealed by Asif.
Maulana Fazlur Rehman is at the ‘centre stage’ in the cutthroat race for parliamentary support, with the ruling coalition, pushing to pass the bill, and the opposition, aiming to block it, vying for the cleric’s decisive backing in the parliament.
In pursuit of achieving the magic number, required to pass a constitutional amendment the government delegation led by Deputy Prime Minister Mohammad Ishaq Dar visited the Fazl’s residence, where two sides held detailed discussions on constitutional and legal matters. –Agencies
