In a letter dated November 9, written by senior lawyer Faisal Siddiqi, the signatories warned that the Supreme Court faces “the gravest institutional threat since its inception in 1956.” The letter carries signatures of Justice (R) Mushir Alam, Justice (R) Nadeem Akhtar, Munir A. Malik, Anwar Mansoor Khan, Makhdoom Ali Khan, Abid Zuberi, Akram Sheikh, Ali Ahmad Kurd, Khawaja Ahmad Hussain, Salahuddin Ahmed, and other notable legal figures.
The letter describes the proposed amendment as the most far reaching and fundamental change to Pakistan’s judicial structure, asserting that it would effectively limit the Supreme Court’s constitutional authority and place a newly created Federal Constitutional Court above it.
The former judges and lawyers cautioned that no civilian or military government in Pakistan’s history has ever attempted to turn the Supreme Court into a subordinate institution, yet this amendment appears to do exactly that.
They respectfully urged the Chief Justice to call a full-court meeting if he shares the view that this amendment represents a serious threat to judicial independence. The goal, they said, would be to present a unified judicial opinion to the government before the amendment progresses further.
The letter further warns that if the court refuses to engage, dismissing it as interference in the legislative process, it would amount to the Supreme Court surrendering its own autonomy.
According to the proposed amendment, the new Federal Constitutional Court would hold authority over constitutional interpretation, disputes between the federation and provinces, suo motu cases, and matters relating to fundamental rights, while the Supreme Court’s jurisdiction would be confined to civil and criminal appeals only.
The signatories concluded their letter with a stark warning. If this amendment is passed, it will mark the beginning of the end for the Supreme Court as Pakistan’s highest judicial body. The Court must act now to defend its own institution.
This development has already stirred intense debate in Pakistan’s legal and political circles, with many seeing it as a potential turning point for the country’s judicial independence.
