• Says govt believes it has waited long enough for ‘consensus’
• Insists tweaks necessary to break ‘One Unit’ in judiciary
• Maintains CJP Isa will be remembered for his courage; all chief justices before him were cowards

HYDERABAD: In a hard-hitting speech on Friday, PPP Chairman Bilawal Bhutto-Zardari warned that if political parties in parliament do not reach a consensus on the 26th constitutional amendment, which he said seeks to establish a parity-based constitutional court or bench, he will push the amendment through parliament using a brute, or two-thirds, majority to break the ‘One Unit’ system in the judiciary.

Addressing a PPP rally in Hyderabad — held to mark the anniversary of the Karsaz attack on his mother’s homecoming parade in 2007 — Mr Bhutto-Zardari said: “It is my desire to have consensus among all political parties in parliament for this amendment. The second option, which is not my preferred path, is to rely on the majority’s vote to pass it,” he said.

He urged political parties to consider the future and work towards raising the dignity of parliament, adding that they operate within a certain “political space”.

Mr Bhutto-Zardari noted that while the PPP was unable to establish a constitutional court during its 2008-2013 government, he is committed to fulfilling the promise made by Benazir Bhutto.

The PPP chairman acknowledged opposition to the Federal Constitutional Court (FCC), particularly from PTI leaders, but insisted that the new court would ensure equal representation for all provinces. He pointed out that even Quaid-i-Azam Muhammad Ali Jinnah had called for a separate court for routine justice matters at the 1930 Round Table Conference, a proposal supported by Justice Dorab Patel, who opposed the execution of Zulfikar Ali Bhutto due to insufficient evidence.

Mr Bhutto-Zardari highlighted that Justice Patel had called for the creation of an FCC in 1980 and refused to take an oath under the Provisional Constitutional Order, which would have made him chief justice. “Today, I am striving to complete the mission of Jinnah and Benazir Bhutto by establishing an FCC,” he said, adding that the judiciary could not deliver justice if it continues to deviate from the Constitution.

The FCC, he claimed, would protect the rights of provinces by providing equal representation and addressing disputes between the federation and provinces.

He insisted that Benazir Bhutto had supported the FCC because she understood the “real face” of the judiciary, which he said had repeatedly legitimised dictatorial rule. “After abolishing the ‘One Unit’ system in the country through parliament, my mother wanted to eliminate the concept of ‘One Unit’ in the judiciary as well,” he added.

While the PPP chairman criticised past chief justices for legitimising dictatorships, he praised Chief Justice of Pakistan Qazi Faez Isa for his judgements, including “delivering justice” to Zulfikar Ali Bhutto, the Faizabad sit-in case and declaring Pervez Musharraf a traitor.

He noted that CJP Isa would be remembered in history for his courage. “All chief justices before Justice Isa were cowards, as they never declared a dictator a dictator.”

He said the PPP was striving to ensure that the amendments were passed in a similar manner to the 18th Amendment with consensus, adding that he was engaged in talks for the past two months with Maulana Fazl and other parties.

“Now it is a test for political parties. We did whatever was possible for us,” he said, adding he had accepted many of the demands made and asking what more he could do.

He said there were two paths before him now, saying that the government had decided that it had waited as long as it could.

“The options in front of me are either that the government brings the bill and the numbers will be complete depending on those who are voting based on their conscience, even though our friends in the opposition won’t be there, and then we make a court of the PML-N’s choice.

“Or it is still possible today, I don’t know if it will be tomorrow or the day after, that the PPP’s draft that has been accepted by the PML-N and JUI-F [should be backed]… I am requesting the opposition, JUI-F, PTI and all others that it will be the first time in history that legislation is going to be enacted on the basis of the majority instead of political consensus.”

Later, the PPP chairman flew back to Islamabad to meet the JUI-F chief and “request one final time for his support for the PPP’s draft”.

Published in Dawn, October 19th, 2024