ISLAMABAD: The federal government is encountering internal dissent over the proposed federal constitutional court (FFC) amid difficulties advancing its constitutional amendment package, specifically regarding Chief Justice of Pakistan Qazi Faez Isa’s potential role as chief justice of the FFC.
Sources revealed to The Express Tribune on Wednesday that there was a proposal to appoint Chief Justice Isa as the chief justice of the proposed FFC. However, the government faced embarrassment after failing to even table the proposed amendment package on judicial reforms in parliament, with blame directed at Jamiat Ulema-e-Islam-Fazl (JUI-F) chief Maulana Fazlur Rehman.
The government’s legal team reportedly received the draft of the constitutional amendments last Friday. There is a faction within the government suggesting that the notification for Justice Syed Mansoor Ali Shah’s appointment as the next chief justice should be issued immediately.
Yet, a lawyer expressed skepticism, stating that even with the notification, judges might not trust the government, suspecting that the creation of the FFC is a tactic to undermine Justice Shah’s effectiveness. The lawyer suggested that the government’s strategy might be to create the FCC as leverage against the Supreme Court, despite the slim chances of Chief Justice Isa retaining his office.
The Independent Group, supportive of the government, recently held a convention where Law Minister Azam Nazeer Tarar addressed questions about the proposed amendments. While they supported the creation of the FCC, they criticized the process, questioning the exclusion of high courts’ jurisdiction on national security issues and the trial of civilians in military courts. They proposed that the chief justice of the FCC be appointed by a parliamentary committee rather than the prime minister, and opposed the transfer of high court judges without their consent.
In contrast, 16 retired judges have authorized senior lawyer Muneer A Malik to challenge the creation of the FCC in the Supreme Court, criticizing the idea of having two supreme courts and questioning why retired rather than current judges are being considered for the FCC.
The Professional Lawyers Group, led by Hamid Khan, is also organizing a convention in Lahore to oppose the FCC. Political analysts suggest that if JUI-F remains opposed, the amendment for the FCC may not pass. Meanwhile, the Pakistan Tehreek-e-Insaf (PTI) is reportedly in discussions with Maulana Fazl, advocating for Chief Justice Isa to retire on October 25 to prevent the government from curtailing the Supreme Court’s powers.
