Lawyers term appointment of new judges to SC ‘court-packing’ ahead of 26th Amendment hearing

Lawyers' leaders on Thursday termed the proposed appointment of eight new judges to the Supreme Court "an exercise of court-packing" ahead of hearing of challenges to the 26th Amendment.

Addressing a press conference in the Karachi Bar Association's committee room, former Supreme Court Bar Association presidents Munir A Malik and Ali Ahmed Kurd, Sindh Bar Council Vice Chairman Kashif Hanif, and Karachi Bar Association President Amir Nawaz Warraich also billed the recent transfer of three judges to the Islamabad High Court an attempt to control high courts.

They urged the legal fraternity, especially young lawyers, to participate in the upcoming lawyers' convention in Islamabad on February 10 and run a protest movement against "subjugation of the judiciary" with the same passion witnessed in the 2007 movement for the restoration of judges.

"Earlier, every lawyer had the passion to walk with their heads held high because of the 2007 movement. Allah gave us the opportunity to hold our heads high, and we are giving you that same opportunity. We all have to run this movement," Ali Ahmed Kurd urged. "This is a matter of lawyers' respect and livelihood."

Kurd recalled that in 2007, millions of people, including lawyers, civil society members, and students, took to the streets to protest against a powerful dictator, who commanded great respect within the military.

The lawyers of Pakistan had once again been challenged, he thundered in his signature style. "Even the slightest alteration to the Constitution threatens the very existence of the country."

He said that the 26th Amendment bulldozed the entire judicial system, adding that its destructive results were evident in the Islamabad High Court where junior judges have been transferred from Lahore, Quetta and Sindh. "What a joke you have made. What you are doing is not in the interest of the country but it is tantamount to destroying the country." "We will see who rules this country through the 26th Amendment and for how long," he challenged.

Malik said that the current situation was more critical than it was in 2007. "In 2007, it was the issue of one chief justice but today the entire judiciary is under siege", he maintained, adding that efforts were on to pack the Supreme Court while the autonomy of high courts was at stake.

"The 26th Amendment is in contravention to the basic structure of the Constitution. We want to sensitise judges because they do not live in an ivory tower; they have to be made aware of the currents prevailing in society. We need to remind them of how they wish to be remembered in history. This is a defining moment," Malik said.

Kashif Hanif, vice chairman of the Sindh Bar Council, said that the 26th Amendment had subjugated the judicial system. In the second phase, he added judges were transferred to the Islamabad High Court in an effort to establish control over high courts. He called on young lawyers to participate in the upcoming Islamabad convention.

Warraich said the KBA had been raising voice for the rule of law and supremacy of the Constitution. "We won't accept appointment of judges in the apex court nor do we accept transfer of judges to the IHC," he added. He said the KBA would lead a march towards Islamabad, urging lawyers from across the province to join it. KBA General Secretary Rehman Korai also spoke.