SCBA president raises objection to proposed judicial package draft

Supreme Court Bar Association President Shahzad Shaukat has objected to the proposed constitutional package draft, 24NewsHD TV channel reported.

 “We have four main objections to the proposed judicial reforms,” he said in response to Federal Law Minister Azam Nazeer Tarar’s address to the lawyer bodies’ reps on Wednesday.

He added: “There has been a lot of discussion on the Constitutional Court.  Why do you want to increase the tenure of the judges?

“Why is there a clause about transferring judges? Why Inclusion of a clause about the transfer of judges included? “

As Tarar sought suggestions from the lawyers on the draft, Shaukat said that had the minister asked the suggestion before preparing the draft all this would not have been necessary today.

“If only you had asked us for suggestions before preparing the constitutional package, this would not have been necessary today.” The SCBA president said.

The minister said: “I want to put before you whether the scope of constitutional courts is in our constitutional framework or not.

 “All bar councils should form a committee of their legal experts and guide us. I am a part of you. Give us suggestions!

“What kind of model of constitutional court should be kept?

He invited the Bar Councils to offer expert advice on establishing a constitutional court, as suggested in the Charter of Democracy to address cases involving constitutional articles with representation from all provinces.

He continued: “The Charter of Democracy called for the establishment of a constitutional court.

What is a Constitutional Court? A constitutional court is a separate court that exercises powers under the constitutional articles.

“The outline we have in mind is that the Constitutional Court should have 7 or 8 judges. The Constitutional Court should include representation from all provinces and Islamabad.

The minister explained that the Supreme Court previously ruled that votes under Article 63-A would not be counted, which the government believed was a misinterpretation.

He also emphasized that the current Judicial Commission includes six Supreme Court judges.

Additionally, Tarar mentioned that judicial appointments at the provincial level would include four representatives from each province.

He pointed out that the last appointments in the Lahore High Court were made four years ago, and currently 24 positions are vacant.

He also proposed establishing a permanent secretariat for the Judicial Commission.

Tarar said that the Judicial Commission would also evaluate the performance of judges and if a judge is not fulfilling their duties they don’t have the right to remain in their position.

PPP’s Farooq H Naik said a constitution is a living document, not a dead one.

He added: “A living document means that changes can occur to it. The objective of the resolution is to protect the independence of the judiciary.

“Other countries also have constitutional courts. Establishing a constitutional court is the need of the hour.

“Criminal and civil cases are pending in the Supreme Court. We have to see whether the Constitutional Court is against the independence of the judiciary or not.

“If it is not against the independence of the judiciary, then a constitutional court must be established.”

He said the law minister is requested to finalize the draft and share it with the Pakistan Bar Council, and the Supreme Court Bar Association. “We don't want a good idea to go to waste. I do not understand why the establishment of the Constitutional Court was not made a part of the 18th Amendment."

He stressed: “I would like us to form a committee and the government should share the draft with us. We will complete the establishment of the Constitutional Court in consultation with all stakeholders.

The minister explained the legislative process, emphasizing that a draft is temporary until it receives cabinet approval and goes through parliamentary procedures, which may include committee review.