The legal community in Pakistan is up in arms over the government’s secretive plan to establish a controversial “constitutional court.” A group of over 300 lawyers, including some of the most prominent names in the profession, have signed an open letter to the judges of the superior judiciary, urging them to refuse to take part in such a court.
The lawyers argue that the proposed constitutional court is nothing more than a continuation of the military dictators’ assaults on Pakistan’s constitutional order. They warn that such a court would be considered a PCO court, and those who take the oath to serve on it will be PCO judges. The timing of the move, coming after the government’s repeated disregard for the judiciary’s orders, has further tainted its intent.
The government’s proposal to handpick the judge who will lead the constitutional court is particularly troubling. This move will not only compromise the new court’s impartiality but also potentially sully the reputation of the judge who agrees to lead it.
The lawyers have made it clear that they will not engage with the idea of a constitutional court established under the government’s secretive legislative agenda. The judiciary must now make its position known. The fate of Pakistan’s constitutional order may depend on their decision.
Furthermore, the lawyers’ concerns are echoed by many civil society organizations and human rights activists. They argue that the establishment of a constitutional court would undermine the rule of law and erode the democratic principles that underpin Pakistan’s constitution. They fear that such a court could be used to legitimize the government’s actions and to suppress dissent.
The government’s push for a constitutional court is a dangerous precedent. If it is allowed to proceed, it could set a dangerous precedent that could be exploited by future governments to undermine the judiciary and the democratic process. It is imperative that the judiciary and the legal community stand firm against this attempt to erode Pakistan’s constitutional order.