Changes to Constitution aimed at restricting PTI founder’s ability to challenge cases faced by him, reads letter
Khayam Abbasi
ISLAMABAD: As the ruling coalition government strives to secure the magic numbers to execute its planned constitutional amendments, Pakistan Tehreek-e-Insaf (PTI) founder Imran Khan has written to the United Nations warning that the prospective tweaks to the Constitution, if they come into effect, would threaten judicial independence and human rights in the country, a Pakistani newspaper reported on Tuesday.
The publication, citing doughtystreet.com.uk, added that the former prime minister has filed an urgent appeal to the UN Special Rapporteur on the Independence of Judges and Lawyers Margaret Satterthwaite via Edward Fitzgerald KC and Tatyana Eatwell and Jennifer Robinson — both of whom have been instructed by Khan’s family to conduct UN engagement and international advocacy on his behalf.
This is not the first time the incarcerated ex-premier has written to an international body regarding domestic political matters as previously he has reached out to the International Monetary Fund (IMF) urging the global lender to hold an audit of the February 8 polls — marred by rigging allegations — before approving any new loan for Islamabad.
The move had drawn a strong reaction from the incumbent government with ministers censuring the cricketer-turned-politician for allegedly risking the country’s economic stability for political interests.
The prospective constitutional tweaks in discussion, include inter alia extension of judges’ retirement age and formation of a constitutional court, and have been staunchly opposed by Khan and his party.
The constitutional package, initially expected to be tabled last month, was postponed after the government failed to secure the necessary numbers in the parliament owing to the special nature of the legislation which requires the approval of a two-thirds majority in both houses.
In his appeal to the UN official, Khan has expressed concerns regarding the prospective 26th constitutional amendment saying that the legislation poses a serious threat to the rule of law, and the protection of fundamental rights of the people of Pakistan, including for him and his supporters.
The appeal also urges the UN special rapporteur to issue an urgent communication to Islamabad on the said matter.
Here’s what does Khan’s appeal alleges regarding constitutional amendments;
Remove jurisdiction from the Supreme Court to a new Federal Constitutional Court, including in relation to the enforcement of the protection of fundamental rights and matters of constitutional interpretation;
Provide for the selection of the chief justice of the new Federal Constitutional Court by a new National Assembly committee whose meetings would be held in private, sparking serious concerns about political interference in judicial appointments and undermining judicial independence and public scrutiny of the process;
If passed, the amendments will significantly restrict the ability of Khan to challenge cases brought against him, including the government’s alleged plans to try him in a military court, and will further undermine the independence of the judiciary, the separation of powers, and the protection of human rights and civil liberties in the country.
Meanwhile, Khan’s counsels Fitzgerald KC, Eatwell and Robinson have claimed that the changes to the Constitution were in fact aimed at affecting the Supreme Court’s jurisdiction and would entrench existing impunity for human rights violations in the country..
“The proposed amendments are clearly aimed at removing the jurisdiction and powers of the SC when the judiciary in Pakistan is already under threat [and] judges have been threatened and coerced to deliver prescribed verdicts in controversial cases,” said the lawyers while complaining of “rapid descent in the rule of law” and the plethora of cases faced by Khan, PTI members and supporters.
The letter, arguably, seems like the PTI founder’s attempt to block the constitutional package as President Asif Ali Zardari and Pakistan Muslim League-Nawaz (PML-N) President Nawaz Sharif met Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman on Tuesday in an attempt to secure his support for the said legislation for which the ruling coalition is falling short of 13 and nine votes in the National Assembly and Senate, respectively.
The meeting came after last week PML-N Senator Irfan Siddiqui said that the government had trimmed the amendments in-line with Fazl’s demands.
