Pakistan People’s Party (PPP) Chairman Bilawal Bhutto-Zardari has said that he opted out of the Judicial Commission of Pakistan (JCP), reconstituted after the enactment of the 26th Constitutional Amendment, after the PML-N-led government “failed to fulfil its promise” to ensure equal representation in the top judicial body.
“I withdrew my name from the [JCP] in protest as the incumbent government did not fulfil the promise regarding equal representation made at the time of the [26th] amendment,” he said in an informal conversation with journalists in Karachi.
In response to a question regarding the nomination of all the existing Sindh High Court judges to be the judges of constitutional benches, Bilawal said had he been present in the JCP meeting, he would have sought clarification over the “indifferent” attitude towards his province.
On Nov 8, the second JCP meeting endorsed the proposal put forth by SHC Chief Justice Muhammad Shafi Siddiqui that all the existing high court judges were nominated to be the judges of constitutional benches to clear the backlog of cases.
The PPP chief, while talking to journalists today, pointed out that a counter suggestion was put forward in a meeting that every sitting judge of the Supreme Court should be part of the constitutional bench.
“However, the majority decided against it and was of the view that the chief justice and head of the constitutional bench should be non-controversial,” he added.
Without divulging details, he said some judges had become habitual of politicking from the bench.
“They do not speak through their orders but give political statements. They do not rule in line with the Constitution and bend it for political purposes to grant themselves the executive powers,” he said. Given the history, he said, they decided to introduce the amendment.
Bilawal regretted that two separate systems cannot exist in the country simultaneously. “Such indifference is not appropriate.” However, he hoped that the decision could be changed in the upcoming meeting of the judicial commission.
‘Judicial reforms’
When asked about the judicial reforms, the PPP chairman said reform is always an ongoing process and the 26th Amendment was the beginning of it.
However, he said, the struggle will remain uncompleted until the reforms are implemented in the lower or provincial judiciary.
“I have requested the Sindh chief minister to approach the chief justice of Pakistan (CJP), senior puisine judge, constitutional bench head, and Sindh chief justice and seek guidance for bringing reforms in the lower judiciary,” he said.
“We believe that the masses interact more with the lower judiciary,” he said, adding that they want to work on these reforms with judicial and legal input and consensus.
‘Estrangement with govt’
Responding to a question, he said “estrangement” with the federal government is out of question. “Right now, the respect is not being given in Centre and also no politics is being played,” he said.
“We are sitting at treasury benches to provide moral support to the government,” he said, adding that his party never negotiate on every point “in good faith”. However, he said, they want the agreement to be implemented.
“We would also feel disrespected, when a legislation is approved by the cabinet and tabled on the floor, and then a copy is being presented to us.”
Responding to a question regarding the announcement of more canals being constructed on Indus River, Bilawal said it was another example of a violation of agreement reached between the PPP and the PML-N.
“In that agreement, we concurred that the PPP and PML-N would chalk out the PSDP of all four provinces, in collaboration,” he said.
The former foreign minister noted that the canal project was greenlighted when he was busy with the 26th Constitutional Amendment. “The approval was given behind our back despite on-record reservations from the PPP members.”
