Ex-SC Clerks Demand Full Court Session Over Constitutional Crisis

KARACHI: In a significant development, former clerks of the Supreme Court of Pakistan have raised their voices against what they perceive as a looming constitutional crisis. On Sunday, approximately 50 former clerks penned an open letter to Chief Justice of Pakistan (CJP) Qazi Faez Isa, urging him to convene a full court session. They described the current situation as the "most serious constitutional crisis in recent times," emphasizing the urgency of the matter.

The clerks are particularly concerned about a recent presidential ordinance that amended the Supreme Court (Practice & Procedure) Act, 2023. This Act was initially endorsed by a full court, as it aimed to enhance judicial independence and maintain a balance among the judges of the Supreme Court. However, the new ordinance appears to reverse these advancements, restoring the previous state where the Chief Justice held significant power over the composition of benches and, consequently, the outcomes of cases.

In their letter, the former clerks highlighted the implications of the recent Supreme Court decision regarding Article 63-A. They expressed fears that the ruling has exacerbated the situation, making it more "dire." The clerks pointed out that the reversal of the earlier decision could potentially disrupt the voting mechanism for any proposed constitutional amendments. This could lead to the counting of coerced or defected votes, which raises serious concerns about the integrity of the voting process.

The clerks characterized the developments of the past few weeks as a "brazen onslaught on the superior judiciary," suggesting that there is a systematic effort to disempower the judiciary. This alarming trend has sparked discussions among legal experts and the public alike, as many are questioning the implications for the rule of law and the independence of the judiciary in Pakistan.

As the situation unfolds, it is crucial for the judiciary to maintain its independence and uphold the principles of justice. The call for a full court session by the former clerks reflects a growing concern among legal professionals about the future of the judicial system in Pakistan. It is essential for the Chief Justice to consider their plea seriously, as the decisions made in the coming days could have lasting effects on the country's legal landscape.