Lawyers Rally to Defend Judicial Independence: Hamid Khan’s Call Against Constitutional Subversion
Introduction: Lawyers as Pioneers in Pakistan’s History
At the Lawyers' Convention, Hamid Khan delivered a powerful speech, reminding the audience of the critical role lawyers played in the creation of Pakistan. He emphasized that no military general was involved in the country’s formation. Instead, it was the legal minds, such as Quaid-e-Azam Muhammad Ali Jinnah, Liaqat Ali Khan, and Suhrawardy, who led the movement that brought Pakistan into existence. These were lawyers who understood the power of law and constitutionality, and today, Khan emphasized, the legal community must once again step forward to defend the country's democratic institutions and the independence of its judiciary.
Judicial Independence Under Threat: From Political to Judicial Engineering
Khan’s speech underscored the continuous assault on Pakistan’s judiciary, warning of the military’s alarming shift from political engineering to judicial engineering. For decades, the military had been manipulating the political system to serve its interests, but now, as Khan argued, they are moving to take direct control of the judiciary. He described this new phase as "judicial engineering," in which the military seeks to influence court decisions and appointments, reducing the judiciary to a tool for their agenda.
This shift, according to Khan, represents an existential threat to Pakistan’s democratic foundations. He warned that if the judiciary becomes subservient to the military, it will spell the end of independent justice in the country, ultimately dismantling the rule of law.
The Legacy of Political Manipulation and its Consequences
Khan revisited Pakistan’s political history to demonstrate how political engineering has consistently undermined democracy. He reminded the audience of the 1970 elections, where the military, rather than accepting the results and transferring power, denied the winning party its mandate. This refusal to honor the democratic process led to the tragic breakup of Pakistan and the creation of Bangladesh. Khan argued that the military, rather than learning from this grave mistake, concluded that free and fair elections were a threat to their control. Since then, nearly every election in Pakistan has been tainted by allegations of manipulation, from 1977 to 2024.
He cited the February 2024 elections as a glaring example of political engineering. According to Khan, hundreds of winning candidates were unfairly defeated overnight, while those who had lost were declared victorious. This manipulation, he said, was a deliberate attack on the democratic process and a dark chapter in Pakistan’s electoral history.
The Amendment Crafted at GHQ: A Sham Passed in the Dark
In a scathing critique, Khan addressed the recent constitutional amendment, which he revealed had not even been drafted by the lawmakers in parliament. Instead, it was created at the General Headquarters (GHQ) and then handed down to parliamentarians with strict orders to pass it. He criticized the fact that many lawmakers had no idea what was actually in the amendment, but they were instructed to ensure it passed, "by hook or by crook."
Khan expressed outrage that such an important constitutional change was pushed through without any transparency or debate, merely following military orders. He described this process as an example of how far the military’s control over the political system had gone, now extending its reach into legislation through covert manipulation. This, he warned, marked a dangerous precedent where parliament itself became a puppet, merely rubber-stamping decisions made behind closed doors at GHQ.
Lawyers United in the Fight for Justice
Responding to rumors that the legal community was divided, Khan firmly rejected this claim. He stated that lawyers have always been united when it comes to defending the Constitution, the rule of law, and judicial independence. No matter the external pressures, he emphasized, the legal profession has consistently stood its ground to protect civilian supremacy and prevent any encroachment on judicial autonomy.
Khan reminded the audience that the legal community’s loyalty is not to individuals or political parties but to the Constitution itself. He highlighted the black coat that lawyers wear as a symbol of their unwavering commitment to justice and the sacrifices they make to uphold constitutional values. The judiciary’s independence, he stressed, is essential to Pakistan’s democratic structure, and any effort to undermine it would ultimately render the nation lawless.
Opposition to a Parallel Constitutional Court
Khan forcefully condemned the proposal to create a Federal Constitutional Court, which he argued was part of the military’s attempt at judicial engineering. He explained that Pakistan already has a “Federal Constitutional Court” in the form of the Supreme Court, just as other unified legal systems like India and Canada do. The creation of a separate constitutional court, he argued, would fracture the legal system and weaken the authority of the Supreme Court.
Khan warned that this proposal was not born out of a genuine need for judicial reform but rather a calculated move to strip the judiciary of its independence. He called on his fellow lawyers to resist the creation of this parallel court with all their strength, as its existence would mark the final blow to an already embattled judicial system.
A Call for Unity and Resistance
Khan concluded with a rallying cry for unity among lawyers. He urged them to put aside political differences and stand together in the fight for judicial independence. He called on bar associations across the country to hold regular meetings to denounce the so-called "constitutional package" that, in his view, was designed to destroy the judiciary. This, he argued, was not just a battle for lawyers but a fight for the future of Pakistan’s democracy.
He expressed faith in the younger generation of lawyers, urging them to lead this fight with courage and conviction. Khan reassured them that the older generation of lawyers, including himself, would stand alongside them, as they had always done, in defense of the Constitution.
Conclusion: Lawyers as the Last Line of Defense
Hamid Khan’s speech was a passionate call to arms for the legal community. He painted a bleak picture of the military’s growing influence over both politics and the judiciary, warning that if unchecked, it would lead to the collapse of Pakistan’s democracy. Khan’s powerful message urged lawyers to remain united and vigilant in defending the independence of the judiciary, for if the judiciary falls under the control of external forces, he warned, the rule of law and the future of the nation would be in jeopardy.
Lawyers, in his words, are not merely practitioners of the law but the last line of defense for the constitution and democracy in Pakistan.
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