We must fulfil Shaheed Benazir’s promises: Bilawal

F.P. Report

ISLAMABAD: Chairman Pakistan Peoples Party (PPP) began his address by welcoming the Peoples Lawyers Forum (PLF) to Zardari House. He said that the Party’s lawyers’ wing gave this country the 1973 Constitution and stood firm against every tyrant, whether in the form of dictators like Zia ul Haq and General Musharraf, or Chief Justice Iftikhar Chaudhary.

Bilawal highlighted that the struggle of the Party’s lawyers led to the restoration of the 1973 Constitution and the removal of oppressive laws. He recalled how Shaheed Mohtarma Benazir Bhutto, even while in Dubai, would receive calls from the PLF. She would remark that if judges wished to engage in politics, they should form a political party and contact her in that capacity. She understood that politicising the courts would be detrimental to democracy, the Constitution, and the people.

Bilawal stated that Shaheed Mohtarma Benazir Bhutto herself envisioned the formation of a constitutional court, designed to address the injustices suffered by the people and her family, especially after her father’s judicial murder. Her vision focused on establishing constitutional courts to handle cases with political and constitutional implications. The appointment of judges, which constitutionally lay with the Prime Minister, was later transferred to the Chief Justice through judicial intervention. Attempts were made to address this in the 18th Amendment, following global examples like the United States, where legislators hold such powers. However, this effort was derailed by the so-called “handshake” Chief Justice, who set a precedent for an insular judicial system. The doctrine of ‘political activism’ initiated by Chief Justice Iftikhar Chaudhary has since been propagated by figures like Saqib Nisar and Gulzar Ahmed. Articles of the Constitution, such as 58 -2B, have been weaponised.

Bilawal said his family waited fifty years to achieve justice for Quaid-e-Awam Shaheed Zulfikar Ali Bhutto. While expressing gratitude to the entire bench of the case, including Justice Isa and Justice Mansoor Ali Shah, he questioned the plight of the common people if a former Prime Minister, his daughter, also a former Prime Minister, and her husband, a former President, had to wait five decades for justice. “We must fulfil Shaheed Mohtarma Benazir Bhutto’s promises; come what may, we must establish the constitutional court in line with the Charter of Democracy,” Chairman Bilawal vowed. The process of judicial appointments needs reform, and the people of this country must receive justice.

Bilawal noted that 15 percent of the Supreme Court’s cases are constitutional, yet these occupy significant portions of time. He questioned whether it would not be appropriate to establish separate constitutional courts, representing the federation, to handle cases that currently consume 90 percent of the court’s time. Even the Parliament has two houses, he pointed out. Once constitutional courts are established, judges can perform their duties more effectively.

Bilawal suggested that the government’s proposals are perhaps insufficient, noting that provinces also need their own constitutional courts. In provincial courts, 50 percent of cases are related to constitutional matters. Legislation in this regard would provide meaningful relief to people seeking swift and timely justice. Chairman PPP stressed that there should be no opposition to constitutional amendments in this context. He reaffirmed his commitment to fighting for this cause, a promise of Shaheed Mohtarma Benazir Bhutto.

Bilawal acknowledged that some voices from within the legal community may promote certain ideals under the guise of defending the state, often due to personal affiliations with judges. However, he warned that this would deceive the public and deny them their rights. These are the same individuals responsible for the passage of the 19th Amendment. In this context, Chairman Bilawal urged the PLF’s lawyers to make their voices heard and empower themselves, whether in provincial or federal constitutional courts. If the PPP succeeds in achieving its aims, the lawyers will also have a say in the process and contribute their expertise. He recalled that Shaheed Zulfikar Ali Bhutto initially set the minimum age for judges at 40, which was later raised to 45 by Zia ul Haq. Chairman said that he personally believes the age should be reduced to 35, but at the very least, the original limit set by Quaid-e-Awam should be retained. This would provide young lawyers with greater opportunities to advance as judges.

Bilawal emphasised that the PPP has consistently upheld its position regarding the judiciary, motivated by a desire for justice. The Party holds the judiciary in the highest regard and seeks to empower it to deliver justice in a timely manner. Addressing the PLF, Chairman Bilawal called for conventions to be organised. He reminded the audience of the sacrifices made by PPP’s lawyers, who have withstood bullets in defence of the judicial system and would do so again if needed.

Bilawal concluded by sharing that his own grandfather was a lawyer, and he holds the profession in great esteem. He expressed his concerns over the politicisation of the legal field, which has undermined democracy. Chairman Bilawal reiterated his determination to present his stance to the legal community and vowed to continue the fight on every front. He also issued directives to the relevant party organisations to begin preparations in this regard.