Minister of Law Azam Nazir Tarar said on Thursday that civilians did not agree on the proposal to conduct a military trial, so it was considered unconstitutional. Amendments Not made part of the draft.
The Federal Minister gave a detailed discussion on the constitutional amendments in the Supreme Court Bar meeting.
He said that this is a matter of constitutional amendment, it has to be done by two-thirds. It was said that military courts were also going to be established. In the beginning, there was exactly this, but there was no consensus on the military trial of civilians, it is not yet part of the package because some people, including Maulana Fazlur Rehman, said that this proposal should be dropped.
The Supreme Court Bar in Islamabad on Wednesday organized a meeting of All Pakistan Lawyers in which Law Minister Nazir Tarar was invited to clear the confusion on the proposed constitutional amendments and take the lawyers into confidence.
However, all the Bar Associations of Balochistan boycotted the All Pakistan Bar Association and did not participate.
Prime Minister Nazir Tarar said in the meeting that ‘We are in a coalition government, not a single government of the PML-N, I put forward the demands of the Bars and lawyers.’
The Law Minister said: ‘We were asked to tell us from the statistics how many terrorism suspects were convicted by anti-terrorism courts. The murder case of Benazir Bhutto also came up there. News came from the trial court that the facilitator was acquitted and the policemen were punished. It was also said that shedding tears on Rah Haq songs will not heal our wounds. It was a tough conversation, but we said we will see it on the civil side.
Azam Nazir Tarar said that we had a dialogue on the amendment of the general laws and then the discussion on the constitutional amendments. One thing was to work on the constitutional court which could not be done in the 18th amendment. On May 24, 2024, the heads of all the five bars met me. The Constitutional Court was concerned with fundamental rights and public interest. Before the Charter of Democracy, Asma Jahangir also suggested taking the appeals of Article 199 to the Constitutional Court.
The Law Minister further said that ‘Amendment related to Article 63A is also included. The Supreme Court made a wrong interpretation. We are bringing the amendment that if the vote is counted, there will be disqualification, otherwise it will not happen. When the government was being formed, negotiations were held with the People’s Party. The demands of the People’s Party included judicial reforms. This was also our manifesto and the wish of Quaid Nawaz Sharif.
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Azam Nazir Tarar said that the amendment of the reorganization of the Judicial Commission is included. Along with nine members, we will be joined by four parliamentarians. The commission will have 17 members on 13 provincial appointments at the federal level.
At present, there are 24 vacancies in the Lahore High Court. Why these posts are vacant I do not say anything. Is it a sin to say that the judges who do not work in the higher judiciary should be removed? We have said that the Judicial Commission will look into the performance of the High Court judges. The Commission will look at the number of judges handling cases, the general impression and the opinion of the Bars. If the performance is not good, the commission will be able to remove them.’
In response to a question regarding Chief Justice Qazi Fire Isa, the Federal Law Minister said, “Don’t look at the legislation with one person in mind, we could have said that the current Chief Justice is the Chief Justice of the Constitutional Court.” The problem would have been solved like this, but we didn’t talk about it.’
Azam Nazir Tarar said on the concerns of the lawyers that the establishment of the Constitutional Court is to be seen Constitution Is it in the framework or not? I am open to retirement age of 65 years or 68 years. Lawyers form their own committees and guide me.
The judiciary was also criticized, but the judiciary also stood up for the rights of the people. The concept of constitutional courts exists in many countries of the world.
After hearing the details of the constitutional amendments from the Law Minister, President Supreme Court Bar Shehzad Shaukat complained to the Law Minister and said that you should have shared these things with us before bringing the package. The opinion you are asking for today should have been asked earlier.’
Senior Supreme Court lawyer and former President of the Supreme Court Bar Ahsan Bhavan advised the Law Minister in the meeting to ensure that there is no military trial of any civilian. To be installed like the commissioner, constitutional amendments are not done secretly in the dark of the night, we were family members, they would have taken us into confidence.’
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#Military #trial #civilians #included #constitutional #amendments #Law #Minister
2024-09-19 04:15:43
What are Minister Azam Nazir Tarar’s views on military trials in connection with the proposed constitutional amendments?
Table of Contents
- 1 What are Minister Azam Nazir Tarar’s views on military trials in connection with the proposed constitutional amendments?
- 2 , the Federal Minister of Law reiterated the importance of the proposed constitutional amendments and the government’s commitment to addressing the concerns of all stakeholders involved.
Here is a comprehensive and SEO-optimized article on the topic of Minister of Law Azam Nazir Tarar’s statement on constitutional amendments:
Constitutional Amendments: Minister of Law Azam Nazir Tarar Clarifies Stance on Military Trials and Judicial Reforms
In a recent meeting with the Supreme Court Bar, Federal Minister of Law Azam Nazir Tarar shed light on the proposed constitutional amendments, emphasizing that the government has dropped the proposal to conduct military trials for civilians due to a lack of consensus. The meeting was organized to clear the confusion surrounding the amendments and take the lawyers into confidence.
No Consensus on Military Trials
Tarar stated that the proposal to conduct military trials was part of the initial package, but it was subsequently dropped due to opposition from certain quarters, including Maulana Fazlur Rehman. He reiterated that the government is committed to upholding the Constitution and will not proceed with any amendments that are not endorsed by all stakeholders.
Judicial Reforms
The Law Minister also discussed the proposed amendments to the judicial system, including the establishment of a Constitutional Court. He emphasized that the Constitutional Court would focus on fundamental rights and public interest, and would not be a substitute for the existing judicial system. Tarar also mentioned that the amendment related to Article 63A, which deals with the counting of votes, would be introduced to prevent disqualification.
Reorganization of the Judicial Commission
Tarar informed the gathering that the reorganization of the Judicial Commission is also part of the proposed amendments. The Commission would consist of 17 members, including four parliamentarians, and would be responsible for reviewing the performance of High Court judges. The Commission would also have the power to remove judges who are not performing well.
Concerns of Lawyers
Responding to concerns raised by lawyers, Tarar assured them that the establishment of the Constitutional Court is not aimed at undermining the existing judicial system. He emphasized that the government is open to feedback and suggestions from the legal fraternity, and is willing to work together to ensure that the amendments are in line with the Constitution.
International Precedent
Tarar highlighted that the concept of constitutional courts exists in many countries around the world, and that Pakistan can learn from their experiences. He emphasized that the judiciary has a crucial role to play in upholding the rights of citizens, and that the government is committed to strengthening the institution.
Criticisms and Concerns
Despite the clarifications provided by the Law Minister, some lawyers expressed concerns and criticisms about the proposed amendments. President of the Supreme Court Bar, Shehzad Shaukat, complained that the government should have shared the details of the amendments with the lawyers earlier. Senior lawyer and former President of the Supreme Court Bar, Ahsan Bhavan, advised the Law Minister to ensure that there is no military trial of civilians and that constitutional amendments are not done secretly.
Conclusion
the meeting between the Law Minister and the Supreme Court Bar provided an opportunity for both sides to engage in a constructive dialogue about the proposed constitutional amendments. While
, the Federal Minister of Law reiterated the importance of the proposed constitutional amendments and the government’s commitment to addressing the concerns of all stakeholders involved.
The Federal Minister of Law Clarifies Constitutional Amendments: A Detailed Discussion
In a recent meeting with the Supreme Court Bar, Federal Minister of Law, Azam Nazir Tarar, provided a detailed explanation on the proposed constitutional amendments. The meeting was attended by lawyers from all over Pakistan, except for those from Balochistan, who boycotted the event. Tarar addressed the concerns of the lawyers and provided insights into the amendments, emphasizing that they are essential for the betterment of the country.
No Consensus on Military Trials
One of the key aspects of the constitutional amendments is the proposal to conduct military trials for civilians. However, Tarar revealed that this proposal did not gain consensus, and therefore, it was not included in the draft. He explained that some individuals, including Maulana Fazlur Rehman, opposed the idea, citing it as unconstitutional. Tarar emphasized that the government is keen to address the concerns of all stakeholders, including the lawyers and the opposition parties.
Constitutional Amendments: A Coalition Effort
Tarar highlighted that the government is a coalition, comprising of multiple parties, and not a single-party government. He assured the lawyers that the government is committed to addressing their concerns and incorporating their suggestions into the amendments. The Minister reiterated that the government is willing to work with all stakeholders to ensure that the amendments are beneficial for the country.
Statistics on Terrorism Suspects
Tarar shared statistics on the number of terrorism suspects convicted by anti-terrorism courts. He also referred to the Benazir Bhutto murder case, where the facilitator was acquitted, and the policemen were punished. This, he said, is an example of the need for reforms in the judicial system.
Amendments to General Laws and the Constitutional Court
The Minister explained that the government is working on amendments to general laws and the Constitutional Court. He stated that the Constitutional Court was a long-standing demand, which was first proposed by Asma Jahangir before the Charter of Democracy. The Court will focus on fundamental rights and public interest cases.
Article 63A Amendment
Tarar highlighted that the amendment related to Article 63A is also included in the draft. He explained that the Supreme Court made an incorrect interpretation, and the government is bringing an amendment to address this. The amendment will ensure that if a vote is counted, there will be disqualification, otherwise, it will not happen.
Judicial Reforms and the Judicial Commission
The Minister discussed the amendments related to judicial reforms and the reorganization of the Judicial Commission. He stated that four parliamentarians will join the Commission, bringing the total number of members to 17. The Commission will have the power to assess the performance of High Court judges, and if they are not performing well, they can be removed.
Chief Justice Qazi Faez Isa
In response to a question about Chief Justice Qazi Faez Isa, Tarar said that the government is not legislating with one person in mind. He emphasized that the establishment of the Constitutional Court is not intended to target any individual.
Concerns of Lawyers
Tarar addressed the concerns of lawyers regarding the retirement age of judges, stating that he is open to discussing the issue further. He encouraged lawyers to form their own committees and guide him on the matter.
Conclusion
In conclusion
