Lawyers in Pakistan’s Lahore announce strike against constitutional amendment

Lahore: Lawyers in Pakistan's Lahore city on Sunday announced a strike against the controversial 27th Constitutional Amendment that curtailed the powers of the Supreme Court, and also urged the judges to resign to lodge their protest.  President Asif Ali Zardari on Thursday signed into law the 27th Constitutional Amendment, which provides for the creation of a new position of the Chief of Defence Forces and a constitutional court.

Three senior judges -- two of the Supreme Court Justice Syed Mansoor Ali Shah, and Justice Athar Minallah and one of Lahore High Court Justice Shams Mehmood Mirza -- have resigned so far against the contentious amendment.

The judges termed it as an "assault on the Constitution and judiciary".  The Lahore High Court Bar Association (LHCBA) on Sunday paid tribute to the resigning judges for their "principled stance" and announced a strike of court proceedings in Lahore on Monday, saying they will completely boycott court proceedings to lodge a protest against the assault on the judiciary and democracy.  The amended legislation mandates the establishment of the Federal Constitutional Court (FCC) to deal with matters related to the Constitution, while the existing Supreme Court would deal only with traditional civil and criminal cases.

One of the Supreme Court's key powers, taking suo motu notices, has also been transferred to the FCC, which has been empowered to take suo motu notice upon petitions.

The resigning judges are of the view that the FCC has dethroned the Supreme Court as the country’s highest judicial forum.  The LHCBA urged other judges who had taken an oath under the Constitution to also resign. "The legal community will respect them for such a move," the LHCBA said.

On Saturday, a petition was also filed in the LHC challenging the 27th Amendment, pleading with the court to set it aside by declaring it unconstitutional.

Petitioners -- lawyers Munir Ahmad and Mian Shabbir Ismail -- argued that the amendment conflicts with the basic structure and spirit of the 1973 Constitution.

"There is a fear that the status of the Supreme Court will be weakened and judicial independence compromised following the amendment," the petition says, adding that the amendment has distorted the country’s 60-year judicial history and tradition, as the FCC was never part of the original constitutional scheme.

"The current Parliament is not a true constituent assembly and therefore lacks the authority to introduce such major constitutional changes," it argues.

The International Commission of Jurists (ICJ) has termed the passage of the 27th Amendment as a “flagrant attack” on judicial independence.

The Amendment will also allow Army Chief Asim Munir to stay in office till 2030 as Chief of Defence Forces (CDF).