Approximately 300 lawyers from various provinces of Pakistan on Monday have issued a strong appeal to judges of the superior judiciary, urging them not to participate in any proposed constitutional court, regardless of whether such legislation is approved by the Pakistan Parliament.
In an open letter addressed to the judges of the Supreme Court and the High Courts, the senior lawyers stated, “We urge you not to recognize this proposed court if such a bill is passed,” emphasizing, “We urge those of you who may be hand-picked to serve on it not to do so. Complicity will offer no defense of the Constitution; it will be its defacement.”
Among the notable signatories are prominent legal figures such as Munir Ahmed Khan Kakar, Abid Saqi, Riasat Ali Azad, Abid Hassan Minto, Bilal Hassan Minto, Salahuddin Ahmed, Afzal Harifal, Abdul Moiz Jaferii, and Mohammad Jibran Nasir.
The lawyers expressed deep concern over what they perceive as a longstanding assault on the Constitution and democracy by the higher judiciary.
They reflected on historical instances where the judiciary legitimized actions that undermined elected governments, stating, “We remember the pen that first carved necessity on the tombstone of our first Constituent Assembly.” They also criticized the last instance of upholding a Provisional Constitution Order (PCO).
The letter asserted that the proposed constitutional court would be indistinguishable from a PCO court, arguing, “We view the proposed court as no different; it will be a PCO court, and those who take the oath to serve on it will be PCO judges.”
Highlighting the judiciary’s past corrections of such decisions, they called for judges to resist complicity, stating, “This moment presents you with a choice… do not yield. When today’s history is recorded in tomorrow’s judgments, let it be said that you were not complicit.”
The letter criticized the proposed amendments, describing their introduction as occurring “under the cover of darkness.” It stated, “An assault on our constitutional compact is being cloaked in the thin guise of arguments grounded in the supremacy of law. These arguments do not withstand the slightest intellectual scrutiny.”
A week prior, the Pakistan Bar Council, alongside bar councils and associations from Punjab, Sindh, Khyber Pakhtunkhwa, and Balochistan, acknowledged Parliament’s authority to enact constitutional amendments.
However, they voiced concerns regarding potential changes to the fundamental structure of the Constitution.
The letter concluded by highlighting apprehensions regarding a proposal to allow the transfer of high court judges between provinces, describing it as a malicious attempt to undermine both judicial independence and provincial autonomy.
