The UN Human Rights chief has criticized Pakistan’s 26th Constitutional Amendment for being hastily enacted, warning it threatens judicial independence. The amendment enables parliament to choose the Chief Justice from senior judges, provoking strong opposition and protests. Justice Yahya Afridi has been nominated as the new Chief Justice, amidst concerns over significant changes to judicial powers and oversight.
Volker Turk, the United Nations Human Rights chief, has raised alarms about the recently passed 26th Constitutional Amendment in Pakistan, deeming it rushed and lacking adequate public discourse. The amendment, which allows parliament to select the next Chief Justice from the three most senior judges, set off a political storm after its hurried approval by the ruling coalition. In a tweet, Turk warned that such “hastily adopted” measures could threaten the judiciary’s independence, emphasizing the importance of aligning constitutional reforms with international human rights standards. The move has sparked vigorous backlash from opposition parties and the legal fraternity, with the Pakistan Tehreek-e-Insaf (PTI) pledging nationwide protests against the changes. The Human Rights Commission of Pakistan (HRCP) has echoed these concerns, expressing discontent over various amendments that fundamentally alter the judicial landscape. Key changes include the removal of suo motu powers, restructuring of constitutional benches, and the introduction of performance evaluations for high court judges. Following the amendments, Justice Yahya Afridi has been nominated as the new Chief Justice of Pakistan, a decision confirmed by President Asif Ali Zardari. He was appointed for a term of three years, starting October 26, according to a recent notification by the Ministry of Law and Justice.
The 26th Constitutional Amendment in Pakistan has emerged as a focal point for concern regarding the integrity and independence of the judicial branch. The amendment, enabling parliamentary selection of the Chief Justice, marks a significant power shift and incited considerable political debate and protests. Observers, including the UN’s Human Rights chief, contend that these changes may undermine the rule of law and judicial independence in Pakistan.
The concerns raised by Volker Turk highlight the potential implications of the 26th Constitutional Amendment for judicial independence in Pakistan. With the government facing criticism from both opposition parties and human rights organizations, the political landscape remains dynamic and contentious. The appointment of Justice Yahya Afridi as the new Chief Justice might be viewed as a direct consequence of this controversial amendment, raising questions about the future of Pakistan’s judiciary.
Original Source: www.geo.tv
