Pakistan’s top court meets after two judges quit in protest at ‘grave assault’ on constitution

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ISLAMABAD (Reuters) -Pakistan’s top court called a meeting of all judges on Friday, after parliament passed a constitutional amendment this week that curbed its remit, prompting two judges to quit, saying the reform “stands as a grave assault on the constitution”.

Under the amendment, which the political opposition says has undermined democracy, the Supreme Court will no longer hear constitutional cases. The changes also expand the powers of the country’s army chief and extend his term. 

In theory, the remaining Supreme Court judges can suspend the new law, but lawyers said that was unlikely. Before this week, the court had 24 judges.

Pakistan’s government has waged a sweeping crackdown on dissent and its main opposition, which has included jailing former prime minister Imran Khan for over two years. Rights groups say the crackdown has been led by the powerful military and have routinely looked to the courts to safeguard democracy. 

The military has repeatedly denied interfering in politics.  

The administration of Prime Minister Shehbaz Sharif said the changes would improve governance and reward the army chief for the military’s performance in the conflict with India in May.

“Pakistan has today taken a constitutional path,” Defence Minister Khawaja Muhammad Asif told parliament on Friday. “The judges used to do politics. They used to undermine parliament.”

‘CRIPPLED JUDICIAL INDEPENDENCE’

In his resignation letter on Thursday, the Supreme Court’s second-most senior judge, Syed Mansoor Ali Shah, said of the amendment: “By fracturing the unity of the nation’s apex court, it has crippled judicial independence and integrity, pushing the country back by decades.”

“The constitution that I swore an oath to uphold and defend is no more,” wrote Athar Minallah, the other judge to resign. “What is left is a mere shadow, one that breathes neither its spirit, nor speaks the words of the people to whom it belongs.”

On Friday, the chief justice of the controversial new Federal Constitutional Court, which will now hear all constitutional cases, was sworn into office. Under the reform, judges are appointed by the government.

ARMY CHIEF’S TERM EXTENDED

The amendment also elevates army chief Asim Munir to a new title, chief of defence forces, formally putting him in charge of the navy and air force as well. He will also hold his rank of field marshal and have immunity from prosecution for life.

The government said that, as Munir was appointed to a new job, his five-year term starts again, meaning he will serve until 2030. His tenure can be extended for another five years after that. Munir was appointed as army chief in 2022.

The military did not respond to a request for comment.

(Reporting by Saeed Shah; additional reporting by Asif Shahzad; Editing by Saad Sayeed)