Pak govt to roll out judicial reforms in Parliament soon: Report

ISLAMABAD: The Pakistan government is preparing to roll out a comprehensive judicial reforms package in Parliament amid speculation about legislation to extend the retirement age of superior court judges, according to a media report on Saturday.

With at least 22 amendments on the docket, these changes are set to overhaul the justice system and revamp the process of appointing the chief justice of the Supreme Court, The Express Tribune newspaper reported, quoting sources.

The Pakistan Muslim League-Nawaz (PML-N)-led government has plans to introduce these reforms as early as Sunday, according to the report.

The proposal's centrepiece is introducing a new appointment process for the chief justice. Under the proposed changes, the parliamentary committee and judicial commission could be merged.

Instead of automatically appointing the senior-most judge, a panel of five senior judges would be sent to the prime minister, who would have the final say. The government believes the current practice of appointing the senior-most judge encourages lobbying within the judiciary, allowing the Chief Justice to manipulate the seniority list to favour his preferred successors.

By giving this decision-making power to the prime minister, the government hopes to curb internal politicking within the judiciary.

The reform package also includes a proposal to allow transfers of judges from one high court to another, a move that would increase flexibility within the judicial system.

However, one key issue raising the retirement age of judges remains a bone of contention, with no agreement reached as of yet. Despite some disagreements, all coalition parties are reportedly in agreement on the core judicial reforms.

In a recent statement, right-wing Islamic leader Maulana Fazlur Rehman of the Jamiat Ulema-e-Islam-Fazl (JUI-F) indicated that if a reform package on judicial matters is presented, it will be carefully considered.

Sources indicate that the government is keeping its cards close to its chest. Prime Minister Shehbaz Sharif has discussed the package with a tight circle, including senior Pakistan Peoples Party leadership, but the rest of the coalition has yet to receive a full briefing.

It appears that the government is preparing to throw this package into the National Assembly with little prior information, ensuring the element of surprise.

If passed, the reforms could mark a seismic shift in the country's judiciary, shaking up long-established procedures and leaving a lasting impact on how the judicial and executive branches interact.

The government took an unusual step on Friday as it summoned sessions of both the National Assembly and Senate on a holiday – Saturday.

The hurriedly-called session has given further rise to speculations that the ruling alliance might introduce judicial reforms or constitutional amendments.

While Defence Minister Khawaja Asif reportedly asserted that the government is all set to table a 'constitutional amendment' in the assembly on Saturday as it has achieved the 'magic number', Minister for Law and Justice Azam Nazir Tarar reportedly denied that the government is likely to go for any constitutional changes.

Despite the contradictory statements, the notion is that the government is likely to make some constitutional changes, such as increasing the retirement age of judges. Such a move can lead to an extension in the tenure of incumbent Chief Justice Qazi Faez Isa, who is set to retire on October 25, upon reaching the age of superannuation – 65 years.

Though Chief Justice Isa has expressed that he was not interested in a person-specific extension, experts closely monitoring political and judicial developments say that this varied statement has kept the door open for an extension.

Currently, the retirement age of Supreme Court judges is 65, while the same for high court judges is 62. Reports and statements by different lawmakers in Parliament suggest that the government intends to increase the retirement age of Supreme Court judges to 68 and high court judges to 65.

The debate about constitutional amendment was triggered soon after the Supreme Court's landmark decision on July 12 in favour of jailed former prime minister Imran Khan's Pakistan Tehreek-e-Insaf (PTI) about the allocation of reserved seats in national and other assemblies. The decision deprived the ruling alliance of a two-thirds majority.

The ruling coalition would need to meet the required number of 224 out of 336 members of the National Assembly and 64 out of 96 in the Senate to get the two-thirds majority to pass the constitutional amendment. Currently, the ruling party lacks a two-thirds majority in both houses, which is required for passing a constitutional amendment.