Finally Government of Pakistan succeeded in passing the so called constitutional amendments in the so called vast interest of the public but actually in the vested interests of the ruling regime civil non civil both. One spokesperson of the Civil boasted “We have Brute Majority” and the other spokesperson / propagandist of Non Civil announced ” The credit goes to “Baap kay Baap”. He actually meant the second Baap for B.A.P that is Balochistan Awami Party and first Baap meant for Father, definitely the military establishment, who else?
B.A.P is when called it sounds Baap that is Father. Faisal Wada uttered this sentence that is highly improper for a parliamentarian as well as for the department , he was hinting at. To be powerful is one thing , but to boast and show off your power and openly state the use of power in a democratic matter, is nothing more than low character.
The so called Brute Majority was bewildered when they brought the draft in the Senate. They were about to lose it with two votes. BNP Senators Ms Naseema and Mr. Qasim were managed through what they allege pressures of dire consequences if not voted in favor of the draft.
Public was no where in the whole drama staged for the amendments. Apparently the government pleaded the necessity of the amendments for early disposing off long pending more than 60 thousand cases of the public in the Supreme Court of Pakistan SCP. But actually it was only to maintain CJP Qazi Faez Esi and keep Justice Mansoor Ali Shah away from the top seat.
This scribe shared many times on record that the extension of Qazi is very hard if not impossible.Government’s malafide intention is clear from the hurry they are showing. Qazi’s retirement is on 25 Oct 2024. Gov was up to get the amendments approved before that date and constitute Constitutional Court to re-appoint Qazi as its Chief to keep Justice Mansoor and company in the SCP from creating any further unwanted situation for the government like they issued the decision on Independent MNAs and Reserve Seats in the favor of PTI , empowering the party with more strength while it is already single largest party in the National Assembly of Pakistan.
Another move by the GoP to sustain Qazi was to raise the retirement age from 65 to 68 that would automatically give Qazi 3 more years. Man proposes God disposes. Maulana Fazl ur Rehman could not be managed by the so called Father of the Father = Grand Father and the GoP had to surrender Qazi before Maulana with age 68 years as well. Maulana , only a day before passing the amendment said in the National Assembly ” No Extension ! Neither for Chief of Army Staff nor for Chief Justice Pakistan.”
Here GoP found some opportunity to secure something from Maulana. It is that the seniority only will not be the qualification to sit at top seat. 3 names will be considered in a committee in which the judges of the SCP and Parliamentarians will be the members. One from 3 with seniority + performance criteria will be elevated to CJP.
This paves the way for the GoP to stop Justice Mansoor from becoming the CJP. But here too there are 3 points to see in the coming days. 1- How Justice Mansoor Ali Shah and company responds to the amendments? 2- How the lawyers organizations take this decision? They accept or reject and launch protests in and outside of the courts including SCP. 3 – This can affect the extension culture in Pakistan Army ? As Maulana made clear No Extension for Anyone.
The military establishment is clear now to all that they want the present system to sustain and survive while the rulings of Justice Mansoor and company in favor of PTI were creating uncertainty in the country. A single majority party in the National Assembly with a strong power in the streets is enough to disturb the incumbent system if not able to send it home.
The constitutional amendments remained a mystery for everyone in the whole process. First, the preliminary draft was not shared with the MNAs of the ruling party even, let alone the other parties. Then it was altered again and again. At one time, 3 drafts were in the discussions. In the meanwhile , GoP had a desperate attempt to get it approved from the assembly couple of weeks ago but failed. It was only then that GoP started saying , “We have required majority but we want to take all parties on board.”
The confusion gave rise to the speculations that Military Courts were also the part of the said amendments. This caught weight because it was already being discussed that the cases of 09 May and Imran Khan + stalwarts can be trialed in the military courts. Now when the draft is public, no section about military courts has been found in the draft. This credit is also being put in the lap of Maulana.
There will be no Constitutional Court but Constitutional Bench will be formed in the same SCP. Sou Moto has also been a threat for the Governments. This notice will be taken by the constitutional bench only. Here the GoP has gained something. PPP was ready to take the credit of formation of Constitutional Court but failed. PMLN (GoP) lost weight because it could not get what was actually the target.
PTI is the biggest loser as they could not reach to any position during all heavy discussions and meetings. The draft of Senator Kamran Murtaza of JUI was the closest to PTI’s interests, especially for having no section of military courts but the second line leadership of PTI tried to postpone the matter till Monday instead of taking a decision in time. PTI will lose Maulana now or not? next few days will make it clear.
The only winner in all this drama is JUI and Maulana Fazl ur Rehman. He has given a face saving to the government as well as stopped the Brute Bulldozer of the BaaP. His next test is about the MNAs and Senators who were threatened, pressurized for their family members and allured for heavy returns. Lets see, Maulana accepts this challenge or not?Certainly , there are many other things to be corrected outside the Supreme Court as well.
Finally, who will be new Chief Justice of Pakistan? If GoP succeeds in implementation of what has been passed, he will not be Justice Mansoor. Here question is, whoever will he be, he can be respected by the lawyers community and others ? Does not seem so.
Then what good has this all long hectic practice secured for the country? A mess will remain there. Another lawyers movement or another movement for restoration of judiciary is in the offing? That in the past forced the military dictator out of the President House and later from the country. Who will be the aim of this movement and who can face this challenge?
