Pakistan: Two Supreme Court justices resign after controversial law clips powers of judiciary

Supreme Court justices resign, Pakistan

Supreme Court Justices Mansoor Ali Shah and Athar Minallah tendered their resignations on Thursday hours after President Asif Zardari signed into law a controversial bill amending the constitution to clip powers of the higher judiciary.

Both chambers of the Parliament – the National Assembly and the Senate – had passed the 27th Constitutional Amendment that critics says dilutes the powers of the Supreme Court Chief Justice by establishing a separate constitutional court.

Concurrently, the new law grants lifelong immunity to the country’s powerful army chief, who will also command the air and naval forces of the country, and will have an influential role in appointment of military commanders under the chief’s command.

 

Pakistan’s parliament passes bill empowering military chief, weakening judiciary

 

The amendment was approved over objections from Opposition political parties including Pakistan Tehreek-e-Insaaf, legal and constitutional experts and longtime parliamentarians. The amendment, critics contend, has disfigured the constitution of the country by heavily tilting the balance of power.

The new law bifurcates functions and powers of the judiciary – the constitutional court dealing with matters of constitution and the supreme court the remaining issues.

The incumbent Chief Justice of Supreme Court, Justice Yahya Afridi, will continue to hold the office of the Chief Justice of Pakistan. However, upon expiry of his term, the next chief of justice of Pakistan will be the senior most judge from among the two judges of the two courts – the Federal Constitutional Court and the Supreme Court.

 

 

However, President Zardari’s PPP and Prime Minister Shehbaz Sharif’s PML (N) ruling parties have defended the amendment, calling it in line with pledges made in the Charter of Democracy – a document signed by the major parties to preserve democracy in the country, where the military establishment has oversize control over affairs of the state.

Current affairs expert Zahid Hussain called the moves as amounting to “murder of the Constitution.”

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Asim Tanveer is a seasoned journalist working for TV and electronic and print media outlets. He has been working for some of the world’s leading news organizations including Associated Press (AP), Reuters, BBC, CNN, CNBC, Star TV, Voice of America and The New York Times for more than 30 years. He has won several awards for his live coverage of events that include a Reuters News Agency World Award and the Pride of Performance award in 1997.

Muhammad Luqman is Associate Editor at Views News Now. He writes on wide-ranging issues including economy, South Asia, the Middle East, agriculture, economy and innovation. Luqman has worked some of the leading news organizations and won acclaim for his original and research-based works.

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