In Pakistan, Parliament adopts controversial judicial reform

The Pakistani Parliament adopted, on Monday October 21, a constitutional reform expanding its powers over the Supreme Court, as part of a vote largely boycotted by the opposition, which denounced a means of “stifling” justice. This reform, which the government had been trying to pass for several weeks, was adopted a few days before the President of the Supreme Court, Judge Qazi Faez Isa, retired. Without this revision, Judge Mansoor Ali Shah would have had to take the head of the Supreme Court, of which he is the dean. This magistrate systematically issued verdicts considered favorable to the imprisoned former prime minister, Imran Khan, a 72-year-old former international cricket player. The President of the Supreme Court will now be appointed by a parliamentary commission for a three-year term. The outgoing member was until now automatically replaced by the oldest member of the Court. “The objective of these amendments is to block court decisions that hinder [le fonctionnement] of Parliament,” Defense Minister Asif Khawaja explained on Saturday. “We will not compromise on the supremacy of Parliament,” he stressed. Read also | Article reserved for our subscribers In Pakistan, the party of the imprisoned former prime minister is threatened with ban Add to your selections “Dark face” The Pakistan Tehrik-e-Insaf (PTI), opposition party, boycotted the vote . Omar Ayub Khan, its leader, denounced amendments “having the effect of stifling a free judicial system”. “They do not represent the Pakistani people,” he declared during the session. “A government constituted by fraud cannot amend the Constitution,” he proclaimed. The PTI came out on top in February’s legislative elections, marred by allegations of fraud, and continues to repeat that it should in fact have formed the government, currently held by a coalition led by Shehbaz Sharif. Tensions have recently increased between the government and judicial institutions. In July, the Supreme Court ruled that the Election Commission was wrong to force PTI candidates to contest as independents in the legislative elections. It had also granted Mr. Khan’s party around twenty parliamentary seats not subject to suffrage and reserved for women and religious minorities. Bilal Gilani, who heads the country’s main polling institute, considers these amendments to be “gains”, particularly in terms of rebalancing and the impartiality of judges. “The reform has another, dark side: it creates a judicial system more receptive to the concerns of those in power,” he adds. “In view of old disputes (…), these changes could trigger a new confrontation between the justice clan and the government,” writes the editorialist for Dawn, the leading English-language newspaper. The reform, adopted at dawn, also provides for the creation of a Constitutional Council. Read the analysis | Article reserved for our subscribers The worst-case scenario in Pakistan, between rigged elections and economic crisis Add to your selections Short majority The party of Prime Minister Shehbaz Sharif, the Pakistan Muslim League-Nawaz (PML-N), managed to bring together the two-thirds majority necessary for the adoption of this text thanks to the support of its historic rival, the Pakistan People’s Party (PPP). He also won the votes of a handful of deputies affiliated with the PTI, after the decision, a few weeks earlier, of the courts to authorize parliamentarians to override their group’s voting instructions for certain major texts. Mr Sharif hailed “a historic day which affirms the supremacy of Parliament”. Since the partition of India in 1947, the Pakistani Constitution has been amended twenty-two times. Mr. Khan has seen his legal cases, often linked to allegations of corruption, go through different courts, one of which openly alleged intimidation by Pakistan’s intelligence services. In July, a panel of UN experts deemed his detention “arbitrary” and called for his immediate release. Imran Khan’s supporters mobilized massively during his arrest more than a year ago and continue to demonstrate regularly. Authorities recently imposed new restrictions on gatherings in Islamabad. Ten PTI deputies were arrested and presented to an anti-terrorism judge a few days after the adoption of this law. Having come to power in 2018, Mr. Khan was ousted by a motion of no confidence in 2022 after losing the support of the all-powerful army, according to experts. Read also | Article reserved for our subscribers In Pakistan, despite its victory, Imran Khan’s party will not be able to form a government Add to your selections Le Monde with AFP Reuse this content



Source link