Latest news with #26thamendment
Express Tribune
14-05-2025
- Politics
- Express Tribune
Of benches and judges!
Listen to article As an outcome of the controversial 26th amendment, the formation of the Supreme Court's Constitutional Bench is under the scanner. Conventionally, the constitution of benches and the nomination of 'like-minded' judges come under discussion as and when it pertains to hearing of high-profile litigations. This time around, a review petition challenging the majority decision of July 12, 2024 on the reserved seats is under question. The Sunni Ittehad Council's intention to challenge the composition of the existing 11-member constitutional bench has stirred a debate on how long this precedent of mistrust in superior judiciary will linger on the premise of political connotations. Our political history testifies to the fact that judicial decisions, at times, have not been sacrosanct and leaned on the wrong side of the divide for reasons of exigency, trampling the judiciary's credibility in contravention of the dictates of the Constitution. In this Armageddon, all political parties were found to be tainting their image for a time-served concession as they went on to torpedo the spirit of rule of law and merit in decision-making. This has to come to an end, and the way forward is to unite on a monolithic principle of letting the judiciary be free from executive coercions and dispense its duties with independence and fair play. It is also incumbent at this point of time to revisit the 26th amendment and take a judicial review to ascertain whether the principle of the separation of powers is functioning as per the Constitution. The so-called 'court-packing' under the amendment has led to widespread societal unrest, as the executive holds a sway over judiciary in terms of bench formation, allegedly dictating it and sidelining senior judges. The case under review, and the bench in vogue, have also hit some legal snags as the review petition is not being heard by the honourable judges who authored the July 12 decision. This altercation, already raised by a bona fide judge on the bench, as well as the SIC concerns on judges' leaning must get a fair hearing too for the sake of transparency and broad-based legitimacy.
Express Tribune
21-04-2025
- Politics
- Express Tribune
Imaan quits IHCBA positionin protest
Human rights lawyer Imaan Mazari has resigned from her position as the chairperson of the Islamabad High Court Bar Association's (IHCBA) committee on enforced disappearances. In a letter addressed to the IHCBA president on Monday, Mazari stated that she made the decision in protest against the "condemnable and cowardly" decision of the bar to withdraw its petitions against the 26th amendment and the transfer of judges to the Islamabad High Court (IHC). Expressing her disappointment and shock over the move, she said the decision compromised on the principled position taken by former IHCBA president Riasat Ali Azad.
Express Tribune
13-03-2025
- Politics
- Express Tribune
CEC's appointment
Listen to article The ruling coalition sits in violation of constitutional spirit, and there are no two opinions about it. The delay in the appointment of new Chief Election Commissioner and two members of the Election Commission, even after the expiry of a controversial lease of life inserted through the impugned 26th amendment, simply testifies defiance at work. The beleaguered dispensation, already under slur for gaining power on the premise of open-ended irregularities in the 2014 elections, is torpedoing the mosaic of constitutionalism. Though it could be part of its exigency politics, it does not bode well for rule of law and future of democracy in the country. Pakistan is already in the grip of acute political instability, and non-functioning of constitutional organs that vet the electoral process makes it more worrisome. What is desired is an independent and non-partisan electoral watchdog, with the incumbents rising above petty interests in discharging their mandate. So is the case in all functional democracies, and that comes to the aid of civil society and supremacy of merit. It's high time the sitting CEC, Sikandar Sultan Raja, himself called it a day. He is broadly criticised for his failure to hold general elections in time; denying PTI its poll symbol of 'cricket bat'; and playing a key role in manipulation of election results. The non-implementation of the July 12, 2024 verdict of the Supreme Court is another stigma on his career. With the legislative-extended deadline of appointments becoming history, it is mandatory for the parliament to erect an autonomous Election Commission. The opposition PTI too cannot escape its responsibility as its performance has not been up to the mark. The failure to set up parliamentary committees, and lack of consensus between the leaders of the house and the opposition are at the vanguard of delaying tactics. Moreover, the government should desist from re-appointing the outgoing CEC, as reported in a section of the press, as it would be ultra vires and come to radicalise an already polarised society.
Express Tribune
17-02-2025
- Politics
- Express Tribune
In the absence of talks
The PTI is flexing its muscles and seems set to hit the streets. It has decided to launch a countrywide anti-government movement after Ramazan by incorporating other opposition forces in its wings. The intensity of proposed agitations could be gauged from the fact that the reclusive BYC as well as JUI-F have been invited to join the mainstream opposition. As a warm-up to the main theatre of protests, the rejuvenated PTI Punjab under Aliya Hamza has called for mass political activities, including workers conventions at district level, from today to make the government feel the heat. This new phase of politicking corresponds with some hectic lobbying in the US. Former president Dr Arif Alvi is in Washington and has met several movers and shakers in the Trump administration with a consolation outcome of 'free Imran Khan' tweets from many Congressmen and Senators. The US Congress has already passed a resolution calling upon Islamabad to cease alleged human rights violations and to work for a political thaw. To what extent it snowballs into a formidable demand from the US to release the incarcerated former PM is anybody's guess, but momentum is picking up as donors and foreign leaders are openly advising step to usher in political stability to pave the way for economic recovery. The PTI this time seems to be in a decisive mood and has opted for some necessary cleansing in its own rank and file. The leadership's nod to expel legislators who did not show up against the 26th amendment is loud and clear, coinciding with the eviction of firebrand MNA, Sher Afzal Marwat. Likewise, restructuring of the party by popping up pro-radical members such as Junaid Akbar in K-P is also a case in point. The onus is on the government to come up with an olive branch and pacify the soaring unrest in PTI by, at least, accepting two of its earnest demands: formation of judicial commissions and release of political prisoners. Cracking down again on the opposition would be a folly. That is so because the country cannot stand a new phase of revulsion, as it would be tantamount to assured destruction.
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Express Tribune
14-02-2025
- Politics
- Express Tribune
What hope?
Listen to article I love protests and chaotic gatherings. They represent the naivety, innocence and beauty that humans carry within themselves. At the same time, they prove that we all thrive amidst commotion. It makes for a good picture moment and adds to one's portfolio. But does it do any good? Does it bring about change? Historically, protests have definitely brought about change and even ignited revolutions. The secret there was consistency where you became a thorn in the path of those who were doing wrong and promoting foul. In our country today though, we have to accept the fact that the writ of the state cannot be challenged. No matter what. We saw this during the passing of the 26th amendment to the Constitution and we saw it recently when the JCP convened and elevated judges to the apex court. Lawyers and activists (albeit in a small number) tried to get their point across by protesting in Islamabad but the capital police had blocked off roads to the red zone. Of course, it's a separate debate as to why the protesting lawyers were manhandled by the police. The point here is that we need to accept the fact that the 26th amendment is here to stay. The state will continue to take decisions that it deems fit for its welfare despite us not agreeing with those decisions. We have no choice but to accept the fact that the current government will continue to do what it wants to do and on the face of it, whatever they are doing and have been doing isn't illegal either. It might be immoral and unethical but Niccolo Machiavelli once said that ethics have nothing to do with politics, the state can exercise whatever power, however it chooses to in order to remain in power. Fear works better and is more effective than affection. It might be safe to say that the days of igniting a revolution might be over. Gone are the days when you could bully the government into succumbing to your demands. Be it legal or illegal, we operate within a system where democracy is merely a façade and the ones who rule us care only about their next meal, not about what the people will eat. No matter how educated, experienced and correct one may be, they will have to bow down to nepotism and corruption. That explains why more than a million skilled youth have left this country and continue to depart every day. It is alarming how many skilled people, that I knew personally, have left this country for better opportunities abroad and are now doing much better than they were here. From not being able to afford renting a house, to purchasing cars and owning homes, it is evident that we aren't doing something right here. We aren't doing anything right! This is just one of the alarming trends. But everything is fine as long as we continue to give away laptops and arrange questionable scholarship schemes. Skilled youth is leaving and we aren't doing anything to stop them unless of course we can legislate and make that a crime too. That day isn't far away. Run while you still can. Every other youngster I meet either in court or in any other setting is either working towards leaving or has his flight booked. If that doesn't alarm you, I don't know what will. Those who can't afford to leave, continue to dwell in uncertainty and look forward to eventually leaving. Why can't we have nice roads, basic infrastructure and a parliament that actually works for the welfare of its people? I wouldn't stay we still have time. I think the time has gone. People are leaving because they've lost hope in things ever improving. They've lost hope in the system and in the rulers. There's no turning back from here. Save what you have and either be honest and poor or be corrupt and rich. There's no other way.
