LAHORE - Former Chief Justice of the Lahore High Court Mian Allah Nawaz has disapproved of the changes proposed for the judiciary in the Constitutional package and has termed the same as a 'total death blow to the concept of an independent judiciary.' The ex-CJ in threadbare examination of the proposed Constitutional provisions relating to the judiciary has viewed through his 43-page note, that the proposed method of appointment of judges as well as their retention in the judiciary would wholly become contingent upon sweet-will of the political parties. Against the backdrop of historical developments on political, judicial and economic plains showing their bearing on the Constitutional system of the country, Mian Allah Nawaz on the proposed method of appointment of the judges through a Commission chaired by the Chief Justice of Pakistan and comprising five chief justices of provincial and federal High Court and the Commission being chaired by the Federal Law Minister in case of appointment of the CJP, says, it demolishes the original scheme of the judges appointment giving a participatory role to the majority political party in the process to the extent of annihilating the Constitution of 1973 and nullifying the SC verdicts in Al-Jehad and Asad cases. Under the proposed scheme, the Commission will forward two names to the prime minister for filling in one vacancy of the judges and he would in turn send for confirmation one name to the Joint Parliamentary Committee, comprising the nominees of the Treasury and the Opposition benches. He said this appears to be a strategy to divide the vacancies among the political parties according to their proportional strength. He says the composition of the Committee has been set in a way that it was to become a battleground between the political parties over the 'spoils.' As to the proposed increase of age limit of a SC judge from 65 to 68 and fixing tenure of the office of the Chief Justice of Pakistan and pension to him of the office he was last holding, he says, enhancement in the retirement age is a bait while the second part is punitive as it has been designed to curtail period of the Chief Justiceship 'in order to demonstrate his position  in the corridors of power.' The outgoing CJP would be given option to retire and enjoy the pensionary  benefits admissible to him at the time of his superannuation. If he does not accept this choice, he would be given an option to remain as judge under the headship of new chief justice. Seeking immediate withdrawal of the proposed Constitutional package, the former Chief Justice describes the same as a bigger blow to the institution of judiciary than the last Proclamation of Emergency. Further on the addition of sub-article 4 in Article 184, Mian Allah Nawaz says, it clearly intends to create impediments in the exercise of power by the Supreme Court with regard to public interest litigation which, he adds, is one of the most successful strategies evolved by judiciary in the civilized states to curb the attitude of 'kleptocracy' and over-bearing executive. The sub-article 4 has to obligate that any application by a poor and disadvantaged person, to be heard by a five-member Bench which has to be constituted by the Chief Justice in consultation with his two senior most judges. The underlying objective behind this addition, he says, is clearly to clip the wing of the head of the upper most Court and the judiciary. He has questioned the proposers of the package that would they like to provide the same formula with regard to the powers of the PM? It is an irony that this package, on the one hand, proposes to increase the powers of the PM to almost a political dictator; reduces the power of the president to a level of mere puppet and wants the judiciary to become a lame duck. Such an approach would be simply disastrous and will give a blow to the democratic process, he maintained. As to the proposed validation of Islamabad High Court through the package, the ex-CJ says, the same was set up under the PCO issued by a COAS in exercise of the emergency which, he adds, does not find mention in the Constitution but ironically even leaders of the largest political party in the NA have joined issue with the orientation of the COAS and intend to validate his act of this constitutional transgression. The package proposes change in the composition of Supreme Judicial Council, its nature and method of appointment of its members under the nomenclature of Judicial Commission to be chaired by a retired CJP and comprising two retired judges of the SC and a retired judge from each of the high courts. The members have to be appointed by the President on the advise of the PM. In case of difference, the Commission would send the majority view to the President but the competent authority would be denied the view of the minority. The proposed commission, he says, would make the judiciary completely subservient and tame before the political executive. If the proposal is read in light of the proposed clause of 39 of the Package, it becomes evident that the purpose of the package is to bring an end to the independence of judiciary from beginning to finish in the new Constitution and pack it with the judges of their own choice, he added.