PTI contacts PPP for blocking 24th amendment

• Proposed amendment gives right of appeal against SC judgment
• PPP’s numbers in the Senate places it in crucial position

MIAN ABRAR

The Pakistan Tehreek-e-Insaf (PTI) has begun contacting opposition parties, in particular the Pakistan Peoples’ Party (PPP) leadership, to block the government’s attempt to amend the constitution, Pakistan Today has learnt reliably.

The proposed 24th constitution amendment, tabled by the government in the National Assembly, is being viewed by critics as an ill-timed piece of legislation.

The proposed amendment grants the aggrieved party the right of appeal against an order passed by a Supreme Court bench under article 184(3) before a larger panel of judges of the apex court within thirty days of the passing of the first ruling.

Commentators believe that with the Panamagate case already being heard by a five-member bench of the apex court, the introduction of the amendment in the Lower House of Parliament at this point in time gives the impression that the federal government was pre-empting the possible disqualification of the prime minister in case the bench decides the matter against him.

A well placed source in the PTI told this scribe that the PTIs senior vice Chairman Shah Mahmood Qureshi met with PPP Chairman Bilawal Bhutto Zardari, along with Senator Aitzaz Ahsan and urged for joint efforts to help block the government’s amendment.

“Mr Qureshi met with Senator Aitzaz Ahsan at a dinner hosted in honour of British Foreign Secretary here and sought his help to get the government’s amendment blocked. Aitzaz took Qureshi to Bilawal Bhutto Zardari. After some hesitation, Bilawal allowed Aitzaz to discuss a possible joint move,” the source said.

The source added that Aitzaz had to leave for Lahore today (Friday) but after a request by Mr Qureshi, he has postponed his departure and now PPP and PTI leaders would meet to discuss the future cooperation between both the parties,” the source added.

A source in PTI told Pakistan Today that before contacting the PPP, Mr Qureshi had sought a nod from party Chairman Imran Khan at the party’s media committee meeting held at Banigala.

At the meeting, Mr Qureshi briefed the party leadership about the government’s bid to get a pre-emptive constitutional legislation passed from the parliament.

“Shah Mahmood Qureshi informed the meeting that the government’s bill was aimed at delaying implementation of any court judgment, getting enough time enabling him to remain in power,” the source said.

A well-placed source in the PTI told this scribe that the party’s media committee had been briefed by Shah Mahmood Qureshi about the government’s bid to get a pre-emptive constitutional legislation passed from the parliament.

“Shah Mahmood Qureshi informed the meeting that the government’s bill was aimed at delaying implementation of any court judgment, getting enough time enabling him to remain in power,” the source said.

The source added that Shah Mahmood advised the party to contact other political forces, especially the PPP, to get the bill blocked especially in the Senate, where the party still has a considerable number of members.

As per the numbers, it would be impossible for the treasury benches to pass any constitutional amendment through the senate without getting the PPP and other opposition parties on-board.

The source added that Shah Mahmood told the meeting that the government wanted to add clauses D and E to article 184/3 of the constitution, which give suo motu powers to the superior judiciary to take action in public litigation cases.

”Mr Qureshi says that if the 24th amendment is passed as suggested by the government, any judgment by the five member bench hearing Panamagate case would be ineffective, enabling the government to file an intra-court appeal against the judgment before a full bench,” the source added.

Senior lawyer Faisal Chaudhry ASC says that it seems as if 24th Constitutional Amendment was aimed at curtailing the suo motu powers of the apex court in public interest cases under article 184/3 of the Constitution.

“For the time being, there is no right to appeal to the government under article 184/3. Now the government aims at clipping the judiciary’s wings with this amendment,” he said.

Mr Chaudhry says that in routine matter, the move won’t have been seen with so caution but the context of the Panamagate case has rung alarm bells for the judiciary.

“The timing is critical. One needs to read the jurisdiction case of Justice Bhagwati of India in this regard,” he added.

He said that public interest litigation was protected under article 199 of the constitution. However, the 24th amendment would help suspend the court’s verdict.

“This seems to be a person specific amendment to help save the prime minister,” he concluded.