THE 26TH CONSTITUTIONAL AMENDMENTS HAVE RENDERED THE SUPREME COURT POWERLESS - Altaf Hussain
#غیر_آئینی_ترامیم_نامنظور
The 26th Constitutional Amendment, passed through coercion and intimidation, has stripped the Supreme Court of its remaining dignity and independence. This amendment has left the judiciary, particularly the Supreme Court, powerless. On the night of October 20 and into the morning of October 21, members of Parliament remained in session to pass this amendment, promoted by the current government alongside Shehbaz Sharif, Nawaz Sharif, Asif Zardari, and Bilawal Zardari. Strikingly, 99.9 percent of the legislators did not even review the amendment draft. Nevertheless, PDM leaders gathered their members to secure a two-thirds majority. when they fell short by eight to ten votes, members of
, JUI-F, and the Balochistan National Party were abducted to ensure the needed votes.
On October 20, these allegedly abducted members were reportedly brought to Parliament in vehicles with black-tinted windows, escorted by personnel from the police, Rangers, ISI, and MI, through back entrances. When asked by journalists if they were voting willingly or under duress, and about their disappearance over the past ten days, these members kept silent and avoided eye contact, indicating fear. Family members of some abducted individuals, including mothers, sisters, and children, were also taken hostage and tortured to pressure the members into voting.
The detained members were reportedly kept in appalling conditions and then brought under custody to cast forced votes for the amendment. Among these was Senator Qasim Ronjho, a kidney patient, detained and forcibly taken for dialysis by those detaining him due to the importance of every vote. Through such means, the 26th Constitutional Amendment was ultimately passed. How can any moral person endorse such an action?
The abducted members were reportedly detained in harsh conditions, tortured, and forced to vote. Where will these members, stripped of their dignity, seek justice? Even if they approach the courts, the 26th Amendment has left the Supreme Court powerless, raising the question of whether justice is even possible under such circumstances.
Senator Qasim Ronjho, representing the Balochistan National Party, was reportedly coerced into voting and later attempted to resign from the Senate on October 22, accompanied by his party leader, Sardar Akhtar Mengal. However, the Senate staff was absent. During a press conference, Senator Ronjho detailed how he had been abducted, had his phone seized, and was isolated from his family for seven days in conditions that led to malaria from mosquito bites. Despite needing dialysis, he was not allowed to return home, and his abductor took him to a hospital only to bring him back for the vote.
I commend Sardar
, who bravely uncovered this conspiracy for the nation, informing citizens of the truth despite the consequences.
The extent of ISI’s involvement was further illustrated when, after the press conference, Senator Qasim Ronjho was reportedly abducted once more and pressured to retract his statements, with threats of severe repercussions if he did not release a video stating that he had held the press conference under Akhtar Mengal’s influence.
One must ask, how can a nation uphold judicial integrity if the army and ISI allegedly exercise such coercion to pass self-serving constitutional amendments? Independence and authority were taken from the judiciary, and the Chief Justice was appointed not based on seniority but on political convenience, bypassing senior judges to install the third-most senior judge.
Who will raise patriotic slogans for a country where judicial independence, autonomy, and justice are openly destroyed, and where such blatant oppression is commonplace?
In March 2024, six Islamabad High Court judges jointly wrote to the Supreme Judicial Council, expressing concerns that ISI was influencing their judicial decisions, tapping their phones, and harassing their families and relatives. They reported hidden cameras in their homes, including bedrooms, intended for blackmail and pressure. Despite the passage of months, no action was taken on their complaint, and instead, these judges faced further harassment to the point that one judge even left the country. If High Court judges are deprived of justice, what chance do ordinary citizens have?
This is a country where the relatives of victims are killed for seeking justice, where no mother, sister, or daughter is safe, where young girls are raped in educational and medical institutions and then silenced forever. Those who protest peacefully are detained, and when authorities cannot find a wanted individual, they reportedly arrest and disappear their family members, leaving behind mutilated bodies. In such a scenario, how can one justifiably proclaim “Long Live” for the country?
The Pakistan Tehreek-e-Insaf (PTI) should be leading protests against this attack on judicial independence and the state’s oppressive tactics. However, it is regrettable that PTI’s current leadership seems to have compromised, following the establishment's agenda rather than that of Imran Khan. While
leadership enjoys privileges abroad, Imran Khan languishes in prison under harsh conditions. His sisters, Ms. Aleema Khan and Dr. Uzma, who once relayed his messages to the public, have also been imprisoned, with Khan himself unaware of their arrests. The PTI leadership’s abandonment of Imran Khan at this time questions their loyalty. PTI assembly members and senators should recall that they were elected because of him and should stand with him now. Are PTI’s leaders, representatives, and supporters waiting for something as grave as Imran Khan’s death?
In my view, both lawyers and the Pakistani people need to mobilize for judicial independence and against state oppression. Only by taking to the streets can they liberate the country from tyranny in a meaningful way.
ALTAF HUSSAIN
Text of address from the 138th intellectual session on TikTok, October 23, 2024.
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