Says PTI will only recognise the senior-most judge as Chief Justice of Pakistan.
ISLAMABAD – Pakistan Tehreek-e-Insaf (PTI) lawyer Hamid Khan on Monday said the party will challenge the 26th Constitutional Amendment in court, alleging that PTI members were ‘threatened and that horse-trading’ occurred to ensure the amendments’ passage.
Speaking alongside former Supreme Court Bar President Abid Zuberi outside the Supreme Court, Hamid condemned the events as a ‘dark chapter in Pakistan’s history.’ He said, “We lawyers reject this amendment and consider it unconstitutional,” pledging to form an action committee involving members from the High Court Bar Association, Supreme Court Bar, and district courts to devise a plan of action.
Hamid further stated that after October 25, the judiciary would work to protect itself, emphasising that PTI would only recognise the senior-most judge as the Chief Justice of Pakistan. He declared, “We will not accept anyone as Chief Justice after October 25 except Justice Mansoor Ali Shah.” Earlier in the day, a heated exchange took place between Pakistan Tehreek-e-Insaf (PTI) lawyer Hamid Khan and Chief Justice Qazi Faez Isa during the Supreme Court’s hearing on the review petition regarding PTI’s intra-party elections.
The three-member bench, led by Chief Justice Isa and including Justices Muhammad Ali Mazhar and Musarrat Hilali, heard the case. Tensions flared during Hamid Khan’s arguments when he stated that a three-member bench could not hear the case, citing a previous 13-member bench ruling. Chief Justice Isa questioned why this point was not raised earlier, prompting Khan to assert that the court should refer to the Election Commission and Sunni Ittehad Council case decisions.
The situation escalated when Hamid Khan accused the Chief Justice of being biased, to which Chief Justice Isa responded, “I prefer people who speak to my face, not on TV.” Hamid Khan replied that he could not argue before a judge he believed to be biased. The exchange continued with the Chief Justice questioning whether the court was being treated as a platform for casual conversation. Hamid Khan then remarked that while it was an honour to appear before the court, he would refrain from making further arguments. Earlier on Friday, the legal fraternity had vowed not to accept any Chief Justice of Pakistan appointed other than senior most judge Justice Syed Mansoor Ali Shah and announced that soon they were going to form a Lawyers Action Committee on the issue. Addressing a press conference utside Supreme Court, senior jurists Hamid Khan and Abid Shahid Zubairi with other lawyers said that they would not accept any judge as the CJP other than senior most judge.
Hamid Khan said that the Constitutional Package was not acceptable to them, adding that the draft of the proposed package should be shared with the Bar Associations and their input should be sought. He further said that the government was bent upon attacking the Constitution while the judgement of the Supreme Court on reserved seats was not being implemented in letter and spirit. If the Election Commission failed to comply with Supreme Court’s July 12 judgement, they will not spare the electoral body, Hamid Khan said and warned the chief election commissioner and other ECP members of consequences.
Abid S Zubairi endorsed the viewpoint of Hamid Khan and said that the ECP was bent upon using delaying tactics in implementing the Supreme Court judgement on reserved seats. “Still, it is being echoed that the reserved seats would be distributed as booty among the government and its allied parties,” Zubairi said, adding that traitors of the country should be proceeded against under Article 6 of the Constitution. He said that East Pakistan was separated from us when 1956 Constitution was damaged.
