Former foreign minister and Pakistan Tehreek-e-Insaf's (PTI) senior vice president, Shah Mehmood Qureshi, on Thursday, urged the government and its allies not to rush the 26th constitutional amendment, which would create a new Federal Constitutional Court apart from fixing terms of senior judges.
In a press statement issued from his confinement at the Kot Lakhpat Jail in Lahore on Thursday, Qureshi made a strong appeal to Pakistan Peoples Party (PPP) Chairman Bilawal Bhutto Zardari to evolve broader consensus on the 26th Constitutional Amendment, hinting at an invitation to discuss it with the largest opposition party in the Parliament, the PTI.
Unless consensus is evolved, Qureshi cautioned that the move could potentially ignite unrest, warning that "the 1973 unanimous Constitution might be set on fire by Bhutto's own lamp."
The incarcerated PTI leader emphasised that as a federalist, Bilawal should recognise the importance of ensuring full representation of all federating units, particularly Khyber Pakhtunkhwa (KP), which currently lacks complete representation in the Senate. He voiced his concerns that pushing the amendment under the current circumstances could raise national suspicions about its timing.
The former foreign minister acknowledged Bilawal's emotional commitment to the Charter of Democracy but urged him to carefully consider the concerns raised by a significant section of the legal fraternity and civil society. He noted that many view the proposed constitutional package as an attempt to undermine the independence of the judiciary and limit the powers of the apex courts.
Shah Mehmood Qureshi further highlighted that without proper debate in Parliament or wider consultation with key stakeholders, the proposed Federal Constitutional Court might be perceived as a "PCO (Provisional Constitutional Order) court," referring to the controversial courts set up under the PCO following dictator General Pervez Musharraf's coup. He warned that even distinguished judges appointed to the court might be viewed as PCO judges, a label that could tarnish their credibility.
Drawing from history, Shah Mehmood Qureshi praised PPP founder and slain former prime minister Zulfikar Ali Bhutto's patience and flexibility, which helped deliver Pakistan's unanimous Constitution in 1973 - which remains in vogue with 25 amendments to date. He expressed concerns that any amendments without due consensus would not only undermine the judiciary's independence but also weaken Pakistan's judiciary and federation in an already polarised environment.
Qureshi reminded Bilawal that the 18th Constitutional Amendment, while time-consuming, earned widespread acceptability and praise due to the inclusive process it underwent. He urged Bilawal not to abandon the principles of the rule of law and instead consider the concerns raised by various stakeholders.
Speaking from his jail cell, Qureshi referenced his experience of working closely with slain former prime minister Benazir Bhutto, Bilawal's mother, to restore democracy in Pakistan, offering his advice as a gesture of goodwill.