ISLAMABAD: The Supreme Court has been urged to urgently put the petition, which challenges ‘proposed package’ to amend the constitution before the committee constituted under Section 4 of the Supreme Court (Practice and Procedure) Act, 2023.
Former president Supreme Court Bar Association (SCBA) Abid Shahid Zuberi and five members of Pakistan Bar Council (PBC), on September 16, filed a petition under Article 184(3) of Constitution, and cited the Federation through the secretary Ministry of Law and Justice, chief secretaries of all four provinces, secretary National Assembly and Senate, and principle secretaries to the prime minister and the president as respondents.
The petitioners maintained that the Proposed Amendment Bill (the full copy of which is not available with the petitioners) is a grave violation of the independence of the judiciary, the right of access to justice and an attempt to abrogate the Constitution of the Islamic Republic of Pakistan, by destroying the Supreme Court and High Courts.
‘Constitutional package’ challenged in SC
They have sought a declaration from the Supreme Court that the separation of powers and independence of judiciary and its powers and functions to enforce the fundamental rights be kindly declared as sacrosanct under the Constitution and beyond the power and competence of the Parliament to withdraw, interfere or tamper with in any manner whatsoever.
They have also prayed that the proposed amendments be declared ultra vires the Constitution, principle of separation of powers, independence of judiciary and fundamental rights. They further requested that to restrain the federal government from tabling the bill, suspend the operation of the proposed amendments, further restrain the same from being assented to if passed by both houses and to set aside the proposed amendments sought to be introduced through the bill.
The petitioners claimed that the Proposed Bill includes over 40 amendments to the Constitution, including the introduction of a Federal Constitutional Court, an amendment to inter alia Article 175A, the transfer of powers from the Supreme Court and High Courts of Pakistan to the Executive and a supra-constitutional Federal Court as well as amendments to Article 17 and 63-A of the Constitution, regarding the disqualification of members of parliament on grounds of defection which will deprive political parties and voters from actions against defected members.
Copyright Business Recorder, 2024
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