ISLAMABAD: Islamabad High Court Chief Justice Aamer Farooq on Thursday removed the registrar office’s objection to a petition filed by former senator Mustafa Nawaz Khokhar against the proposed constitutional package.

The petition sought to make the draft of a potential constitutional amendment public and invite people’s opinion on the matter.

In its objection, the registrar’s office had said the petition could not be filed against a proposed legislation.

Mr Khokhar appeared before the court with his lawyer on Thursday. He was also accompanied by Islamabad High Court Bar Association President Riasat Ali Azad.

His legal team argued that transparency and public participation are crucial when making changes to the Constitution, emphasising that the draft should be released for public scrutiny.

After hearing the arguments, the IHC chief justice directed the registrar’s office to remove the objections to the petition, assign it a number and schedule it for immediate hearing.

In his petition, Mr Khokhar contended that rushing a constitutional amendment through parliament in a single day contradicts democratic and parliamentary principles.

The petition said the National Assembly’s own rules require any proposed legislation to be published in the official gazette, allowing at least eight weeks for public feedback on the amendment.

“Such public consultation is necessary and in the public interest, as ministers of the respondent government have claimed,” the petition noted.

In his petition, Mr Khokhar also cited Article 25 of the International Covenant on Civil and Political Rights (ICCPR), which guarantees that every citizen has the right and opportunity, without distinctions and unreasonable restrictions, to participate in public affairs, either directly or through freely chosen representatives.

Article 25(a) of the ICCPR affirms individuals’ rights to engage in public affairs, not only through their representatives but ‘directly’.

Published in Dawn, October 11th, 2024