Says 27th Amendment poses ‘biggest threat’ to SC in ‘most radical restructuring of court’ in letter to CJP
Referee Yahya Afridi. PHOTO: FILE
PAKISTAN:
Senior lawyers and retired judges wrote to Chief Justice of Pakistan (CJP) Yahya Afridi on Monday, warning that the proposed 27th constitutional amendment poses the “biggest threat” to the Supreme Court since its inception.
Justice Syed Mansoor Ali Shah has written to CJP Yahya Afridi urging him to engage the executive branch to ensure that constitutional amendments are not made without consulting judges of all constitutional courts. He also called for a full court session or joint convention of constitutional judges to discuss the proposed 27th Amendment.
Justice Syed Mansoor Ali Shah, in his letter to Chief Justice Yahya Afridi, warned that the proposed Federal Constitutional Court “does not stem from any genuine reform agenda but is a political tool to weaken and control the judiciary.”
He said the court’s judges would be appointed “without constitutional parameters,” giving the executive power and encouraging “manipulation of the judicial process.”
“A court born of executive will cannot be independent,” Justice Shah warned, adding that “a controlled constitutional court may serve transient political interests but will permanently harm the republic.”
He emphasized that judicial independence “is not a privilege of judges – it is the protection of the people against arbitrary power,” and called on the CJP to “sound the alarm before the independence of the judiciary is irretrievably lost.”
A copy of the letter has also been sent to all Supreme Court judges.
The proposed 27th Constitutional Amendment makes sweeping changes to Pakistan’s judicial, administrative and federal structures. Important features include the establishment of federal constitutional courts in the capital and provinces, changes in judicial transfers and the introduction of executive judges.
Another letter, written by lawyer Faisal Siddiqi and endorsed by several prominent retired judges and senior lawyers, describes the proposed change as “the biggest and most radical restructuring of the Supreme Court of Pakistan since the Government of India Act, 1935”.
Read: The judiciary is weighing responses to the 27th amendment
The proposed draft also brings to article 243 of the constitution, which relates to the command of the armed forces. With the 27th amendment, the government intends to abolish the post of Chairman of the Joint Chiefs of Staff Committee, create a new Chief of Defense Forces and give life terms and immunity to the Field Marshal as well as the Air Chief Marshal.
Critics in the legal community warn that the change will undermine judicial independence and weaken the Supreme Court’s authority.
Senior lawyers and retired judges have described the bill as a “radical restructuring” that risks subordinating the courts and centralizing power in the federal executive and military command.
“It should be obvious to Your Lordship as the Chief Guardian of the Supreme Court that the proposed amendment permanently divests the Supreme Court of its constitutional jurisdiction,” the letter said.
The signatories refrained from discussing specific clauses of the proposed amendment and urged CJP Afridi to convene a full court “immediately and without delay” on the matter.
The senior lawyers noted that the proposed bill is likely to be passed “by November 11 or any day thereafter”.
In a sharply worded passage, the signatories warned that if the CJP refuses to act “under the pretense of neutrality or non-interference”, he might as well “accept being the last Chief Justice of Pakistan” and accept “the demise of the Supreme Court as the highest court in the land”.
Read more: Prime Minister, senators feast on halwa after finalizing 27th amendment
The lawyers described the case as one of “extreme public importance” and said they released the letter to the media “in the interests of transparency”. The communication was sent via WhatsApp to the CJP’s secretary, Muhammad Yasin, and will be delivered by courier in due course.
Signatories to the letter include:
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Justice (retd) Mushir Alam, former Senior Puisne Judge, Supreme Court
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Justice (retd) Nadeem Akhtar, former senior puisne judge, Sindh High Court
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Muneer A Malik, former Attorney General of Pakistan
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Muhammad Akram Sheikh, Former President, Supreme Court Bar Association
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Anwar Mansoor Khan, former Attorney General of Pakistan
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Ali Ahmad Kurd, Former President, Supreme Court Bar Association
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Abid S Zuberi, Former President, Supreme Court Bar Association
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Kanrani B Amanullah, Former President, Supreme Court Bar Association
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Khwaja Ahmad Hosain, Advocate Supreme Court
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Salahuddin Ahmed, Advocate Supreme Court
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Shabnam Nawaz Awan, Advocate Supreme Court
