Prime Minister Raja Pervez Ashraf. — File photo

ISLAMABAD, July 22: Prime Minister Raja Pervez Ashraf says all institutions should respect his right to exercise state authority as the chief executive.

On Sunday, Mr Ashraf firmly underlined, although in a subtle way, the importance of the trichotomy of power which rests on harmony among the legislature, executive and judiciary and said only chosen representatives of people had the right to exercise state authority.

Prime Minister Ashraf defended his right to exercise state authority and highlighted roles of other state institutions which he said were clearly written in the Constitution.

“The government believed in the supremacy of law and governing the country in accordance with dictates of the Constitution wherein a clear role has been assigned to the legislature, executive and judiciary,” Mr Ashraf was quoted as saying in an official press release after his meeting with Law Minister Farooq H. Naik.

The prime minister referred to the objectives resolution which being a part of the Constitution clearly stated that the state authority shall be exercised by chosen representatives of the people. The two leaders, according to the press release, discussed legal issues and pending court cases which the government was set to face during the week.

On Monday, the Supreme Court will take up multiple petitions challenging the new Contempt of Court Act 2012, followed by the NRO implementation case on July 26. Meanwhile, a case pertaining to the law and order situation in Balochistan is also due to be heard this week.

The prime minister was also reported to have said that he not only firmly believed in the independence of judiciary and he was in favour of an independent judicial system in the country.

Talking to Dawn, a senior member of Mr Ashraf’s legal team which has been defending the government in court cases said that besides objectives resolution, the Article 90 of the Constitution was also categorical in explaining the executive authority.

The Article 90 of the Constitution says: “The executive authority of the federation shall be exercised in the name of the president by the federal government, consisting of the prime minister and the federal ministers, which shall act through the prime minister, who shall be the chief executive of the federation.”

Therefore, no other institution of the state could take away this executive authority, which the Constitution bestowed upon the chosen representatives of the country, said the government official, while referring to the ongoing executive-judiciary tussle.

In reply to a question about the objective behind the contempt of court law, the official said one shouldn’t measure usefulness of the new law against the background of the executive-judiciary tussle.

“The law has not only protected freedom of speech, especially for media in commenting on court hearings and judgments, but also streamlined the right to fair trial for the accused in contempt of court cases,” said a member of the PM’s legal team.

The official said the Supreme Court’s verdict on petitions challenging the Contempt of Court Act 2012, would decide the PM’s response to the NRO judgment implementation case, in which Mr Ashraf had been asked to write a letter to the Swiss government to reopen graft cases against President Asif Ali Zardari.

Since the new law provides complete immunity to the prime minister against contempt charges, the Supreme Court will have to first decide on the Contempt of Court Act 2012, before taking on Mr Ashraf in the NRO implementation case, argued the official.

The law minister also apprised the prime minister of initiatives taken to introduce local government system in Fata with a view to ensuring people’s effective representation in the planning and execution of local development projects including the reconciliation mechanism to settle local issues.

The law minister said that progress on the anti-terrorism law was satisfactory and it would ensure conviction of terrorists, the rate of which had been embarrassingly low at present because of defects in the existing law with the criminals getting advantage.

The evidence presented in the court by prosecutors did not stand the defence on legal and technical grounds, as a result hardcore terrorists were freed, said Mr Naik.

It may be added here that the military leadership presently involved in war against militants had repeatedly asked the government to make changes in the law of evidence, making it an effective tool in the hands of law-enforcement agencies.

During the meeting, the law minister also informed the prime minister about the law to control the theft of electricity, gas and other services that was being undertaken on fast track basis. He said that instructions had been given to vigorously pursue cases and get the court stays vacated at the earliest as these had stuck Wapda’s Rs1.3 billion.

The law minister said that the government was also making amendment to the law to provide inexpensive and speedy justice to the people, especially the poor who were involved in minor offences.

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