Two PTI leaders move apex court against constitutional amendment
Pakistan
They submit amendments to Articles 238, 239 will subvert independence of judiciary
ISLAMABAD (Dunya News) – Two Pakistan Tehreek-e-Insaf (PTI) leaders filed a petition in the Supreme Court against the proposed constitutional amendments.
Punjab Assembly Opposition Leader Malik Ahmad Khan Bhachar and Lahore PTI President Sheikh Imtiaz Mehmood have joined Advocate Azhar Siddique and Abdullah Malik who moved the apex court against the amendment. Khyber Pakhtunkhwa cabinet has already approached the court on the matter.
The petitioners have submitted that the amendments to Articles 238 and 239 of the Constitution would subvert the independence of the judiciary. They argued that the parliament does not have the power to amend the fundamentals of the Constitution.
They said that the parliament has no authority to undermine an important pillar of the state. The process of appointment of judges must be free from political bickering.
The petitioners argued that inclusion of members of parliament in the Judicial Commission is contrary to the principle of separation of powers. Extending the age of retirement of judges is also a violation of the Constitution, they added.
They submitted that running the Federal Constitutional Court and the Supreme Court side by side will paralyze the justice system.
They said these amendments were made secretly in the dark of night which is an evidence of malice.
The petitioners requested the Supreme Court to declare the proposed constitutional amendments against the constitution and prevent the federal government from introducing the draft in the parliament.
The Khyber Pakhtunkhwa cabinet had approved filing a constitutional petition in the Supreme Court arguing that at present both the houses of parliament i.e. the National Assembly and the Senate are incomplete as the PTI has not been given its reserved seats. Therefore the parliament is not authorised to pass constitutional amendment.
