Former Pakistani Prime Minister Imran Khan has submitted an urgent appeal to the United Nations (UN) Special Rapporteur on the independence of judges and lawyers, raising concerns about proposed constitutional amendments by the current Pakistani government. According to Khan’s legal team, these amendments pose significant threats to the separation of powers and the rule of law in the country. Additionally, it is argued that they undermine fundamental human rights by proposing the establishment of a Federal Constitutional Court. This new court, as outlined in the amendment, would operate parallel to the Supreme Court, effectively diluting its authority on constitutional matters and fundamental rights protection (full details available here).
Khan’s legal representatives assert that the proposed reforms are detrimental to the rule of law, the independence of the judiciary, and the fundamental rights of Pakistani citizens, with specific implications for Khan himself. The amendments are perceived to restrict Khan’s ability to challenge judicial decisions and actions targeting him, especially given his imprisonment and ongoing corruption charges. His attorneys have requested that the UN Special Rapporteur issue an urgent communication to the Pakistani government regarding these amendments as soon as possible, underscoring the urgency of the matter. Since stepping down as Prime Minister after a no-confidence vote in April 2022, Khan has faced multiple legal challenges, including charges of treason and corruption. Earlier reports document the ban of Khan’s political party, Pakistan Tehreek-e-Insaf (PTI), by the Pakistani government, alongside accusations of ‘press treason’ (see detailed context here).
These constitutional amendments have been met with significant opposition from civil society and the legal community in Pakistan. Recent anti-government demonstrations opposing the reforms led to lockdown measures and disruptions to cellular service in Islamabad. The amendments’ provisions, particularly the formation of a Federal Constitutional Court and the selection process for its chief justice through private meetings of a National Assembly Committee, are perceived to threaten judicial independence. Legal professionals have already expressed their opposition by penning open letters to Pakistan’s high courts and the Supreme Court, underscoring the risk of executive overreach (more on this available here).
Although an initial attempt to pass the package of constitutional amendments failed due to insufficient parliamentary support, the current government is anticipated to reintroduce the package in the upcoming weeks.