RAWALPINDI: Imran Khan, founding chief Pakistan Tehreek-e-Insaf has filed an urgent appeal with United Nations Special Rapporteur on Independence of Judges and Lawyers, Margaret Satterthwaite.

This move comes as Pakistani government aims to pass significant amendments to Constitution that pose serious threats to rule of law and judicial independence.

Imran Khan's appeal was submitted by international legal counsel Edward Fitzgerald KC, Tatyana Eatwell and Jennifer Robinson, who were instructed by Imran Khan's family to engage with UN and advocate for his rights.  Appeal highlights proposed 26th Amendment, which would strip Supreme Court of its jurisdiction and transfer it to new Federal Constitutional Court.

This would include matters related to protection of fundamental rights and constitutional interpretation, raising alarms about political interference in judiciary."Proposed amendments are clearly aimed at removing jurisdiction and powers of Supreme Court, at time when judiciary in Pakistan is already under threat," said Edward Fitzgerald. He emphasised that amendments would entrench existing impunity for human rights violations committed by military and security forces.

Further, proposed changes would allow National Assembly Committee to select Chief Justice of new court in private meetings, undermining public scrutiny and transparency in judicial appointments. This is particularly concerning in context of Imran Khan's ongoing legal challenges, including government plans to try him in military court.

Amendments would severely limit his ability to contest spurious criminal cases brought against him. Imran Khan has been imprisoned since August 2023, facing numerous fabricated charges. UN Working Group on Arbitrary Detention declared his detention unlawful earlier this year and Amnesty International has called for his immediate release.

Urgent appeal argues that amendments would significantly undermine not only Imran Khan's rights but also fundamental rights of all citizens in Pakistan. Backdrop to these developments includes deteriorating justice system characterised by prosecutorial harassment and systematic targeting of Imran Khan, his family and PTI supporters.

Media has been restricted from mentioning Imran Khan's name and numerous journalists have faced abduction and torture for their reporting. Legal professionals in Pakistan have widely condemned proposed amendments.

Imran Khan, alleged that government was pursuing constitutional amendments to extend tenures of three high-ranking officials, including Chief Justice Qazi Faez Isa, Chief Justice of Islamabad High Court and Chief Election Commissioner. Speaking to media from Adiala Jail, Khan claimed that despite previous political defeats, government was now resorting to these changes to protect fraudulent election results and shield those in power.

He pointed out that prior to May 9, he had already faced over 140 legal cases, and attempts to eliminate him intensified after that date. Imran Khan maintained that new Chief Justice could reveal truth behind events of May 9, further exacerbating government's troubles.

He claimed that delay in tribunal decisions regarding February 8 elections illustrated systematic effort to undermine integrity of judiciary.

Published in The Daily National Courier, October, 09 2024

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