In a significant open letter addressed to the Honorable Chief Justice of Pakistan, a coalition of legal practitioners has united to express their grave concerns regarding recent threats to judicial independence. This group, writing without affiliation to any political party or group, emphasizes the need for a robust defense of the judiciary, a cornerstone of democracy in Pakistan.
Quoting the founding father, Quaid-e-Azam Muhammad Ali Jinnah, the letter underscores the necessity of a state that upholds freedom and justice. The signatories stress that the nation currently faces multifaceted threats, both external and internal, and that unity among civilian, armed, and judicial institutions is paramount.
The recent introduction of the 26th Constitutional Amendment, described as a veiled attempt to undermine the judiciary, has been met with unanimous rejection from the legal fraternity. The proposed amendment is viewed as a move towards a Provisional Constitutional Order (PCO), raising alarms about its potential impact on fundamental rights and the independence of the judiciary.
The letter asserts that the current legal framework guarantees democracy, equality, and judicial independence, as enshrined in the Objectives Resolution. The signatories argue that the proposed amendment poses a direct threat to these principles, calling for immediate action to prevent its enactment.
It highlights that the establishment of a Federal Constitutional Court, as proposed, would fundamentally alter the structure of the Constitution and undermine the authority of the Supreme Court, which the legal community recognizes as the sole constitutional court.
Moreover, the letter expresses concern over the potential erosion of fundamental rights, particularly under the guise of national security. It warns that unchecked governmental powers could lead to a scenario where citizens are denied their basic rights, likening such a situation to an Orwellian state.
The authors stress that the integrity of the judiciary must be safeguarded against executive interference, and they call upon the Chief Justice to take a firm stand against any measures that threaten judicial independence.
The open letter concludes with a rallying cry for solidarity among all judges, bar associations, and the legal community to protect the principles of justice, separation of powers, and rule of law. The signatories urge a collective effort to ensure that the judiciary remains a bastion of democracy and justice in Pakistan.
The nation looks to the judiciary for protection and guidance during these challenging times, underscoring the importance of maintaining a fair and impartial legal system for the future of the country.
Reported by
Aqsa Ahmed
