People who get chance to serve at higher positions do get a chance to earn fame or defame and that becomes their last gift for rest of their life because it becomes part of history that cannot be changed. No amount of false projection by print or electronic media and hired people can convert defame into fame. Those who do not learn from their own mistakes and past mistakes always remain sufferers and face criticism even when they depart for final abode. Parliament is free and independent to make rules and laws and carry out amendments as and when required with two third majority. For carrying out any amendment in the constitution it is first debated in public and later on in the parliament to reach to a consensus. Our track record of bringing amendments in 1973 constitution has not been pleasant most of the amendments were pushed through to suit to individual conveniences therefore Supreme Court was invited to tackle and decide political cases, and the courts very rightly dispatched prime ministers home even with two third majority. We must understand that only one party wins and loser must accept its defeat in a graceful manner instead criticizing the judges.
21st October 2024 shall be remembered as most controversial day in the history of Pakistan when government managed to pass 26th amendment during hours of darkness through arranged majority alleged by spending huge amount coercion, kidnappings forced disappearances as narrated by some members and reported in the media. Majority of the anchors who were advocating that government is comfortable and has two third majority were seen hiding their faces and some taking U turns. People of Pakistan were happy and hopeful that JUI chief Maulana Fazalur Rahman for the first time has taken firm stand and shall not support the hastily prepared amendment and shall grab this opportunity and not be a party to this amendment. But like few others including me were sure that JUI shall support the government with 8 votes on the terms and conditions put forward by them. Surprisingly MQM with 22 votes was not even mentioned and not seen anywhere for obvious reasons. Former Chief Justice Qazi Faiz Issa did great damage by amending Article 63-A allowing members to vote against party lines cementing floor crossing to give strength to government to pass the amendment by horse trading to get two third majority. This is the greatest damage caused to Pakistani democracy that is still struggling for its recognition. Qazi Faiz Isa having regularized floor crossing to facilitate ruling coalition to complete numbers for carrying out amendment but even this favor fell short and it is alleged that some members and senators were kidnapped and forced to vote for the government. This drama has been watched by the entire world, it has certainly tarnished image of judiciary and Pakistan outside world. Passing of this amendment has crippled the judiciary and now shall work under prime minister and coalition partners for appointments promotions and transfers of senior judges. It is very strange and surprising that Zardaris Sharifs and Maulana congratulating each other on the passing of 26th amendment without realizing its far reaching consequences that has also sealed future of democracy. There is well known proverb ” As you sow so shall you reap”. This amendment in fact shall not help the government to have control over the judiciary and shall repent and may face dilemma as faced by opposition.
The International Commission of Jurists has termed the 26th Constitutional Amendment a blow to the independence of the judiciary, and has damaged legal standing of Pakistan. These amendments have changed the composition of the Judicial Commission of Pakistan by reducing the judicial members to a minority. Besides, a special parliamentary committee, composed of members from the National Assembly and Senate, has been established for the appointment of the chief justice. This tantamount to direct political influence over judicial appointments, and appoint judges who shall carry out their orders, this will weaken the judiciary to take independent decisions.
The draft amendments were prepared in secrecy even minister of law was unaware. There was no public consultation before being introduced and passed in parliament. Members and Senators were also not aware about the amendments. Despite the passing of 26th amendment government may not be able to control the judges of apex court because they are not only responsible to government but to 250 million people of Pakistan. The two immediate decisions taken by the new Chief Justice by including Justice Mansoor Ali and Justice Muneeb Akhtar in the Practice and Procedure Committee and also having them as members of Supreme Judicial Council have upset the government game plan to have hold on judiciary they thought that the superseded Justices shall be side lined but both have been given positions as a result Advisor on Political affairs Rana Sanaullah in a statement has said that Chief Justice should not head the constitutional bench, he further said that justice Shah and Justice Muneeb must not be the part of bench. This is direct interference in judicial matters and has exposed future intensions of the government. To offset such actions by CJ it is planned to increase the strength of Supreme Court Judges from 17 to 23 judges. It looks that judiciary has decided to rehabilitate damage done to them over the years specially during the tenure of former CJ Qazi Faiz Issa who continues to face wrath of people not only in Pakistan but abroad. Government can bring any number of amendments that will not help them anymore, it will be difficult to manage the judiciary as they shall never compromise on their independence. All such amendments shall stand challenged in the Supreme Court as well as constitutional courts. Supreme Court is the last line of defense for the separation of powers and for the rights and liberties guaranteed by the Constitution. We all must remember that there is a higher courts of justice and that is the court of conscience. It supersedes all other courts not understood by many. The time shall prove it that this amendment ultimately shall prove to be blessing in disguise for the people of Pakistan.
