Govt sees attempt to subjugate parliament in SC order

Published April 14, 2023
PPP leaders Asif Ali Zardari (L) and Bilawal Bhutto-Zardari (R) call on PM Shehbaz Sharif (C) at the Prime Minister’s House on Thursday. — PID photo
PPP leaders Asif Ali Zardari (L) and Bilawal Bhutto-Zardari (R) call on PM Shehbaz Sharif (C) at the Prime Minister’s House on Thursday. — PID photo

ISLAMABAD: The ruling coalition on Thursday rejected the decision of the Supreme Court which barred the implementation of a bill aimed at regulating the powers of the chief justice, and termed the order of the eight-member bench an attempt to “subjugate” the legislature.

In a joint statement issued on Thursday night, the ruling alliance said this was the first time in history a bill which has not yet been made law, has been blocked by a “controversial bench” of the apex court.

“This has been done (by the court) on the basis of assumptions. This is not only against the prescribed procedure but also illogical and tantamount to conflict of interest,” the statement said.

“This decision is a result of the one-man show and will be written as a black chapter in the history of the country,” the alliance said, adding that the decision was against the Constitution and a bid to subjugate the powers of parliament.

Ruling coalition rejects ‘controversial’ bench, says court decided on basis of assumptions

The ruling alliance said that they rejected this “judicial injustice” and would resist it vehemently at all forums.

The statement said that the apprehensions and fears of the Pakistan Bar Council and district bar councils had proved true. “We hope that the lawyers’ community take serious note of the controversial verdict and will raise its voice for golden principles of justice and fair play,” it added.

The ruling parties will now chalk out a future strategy with mutual consultation to rid the country of prevailing judicial and political crises and ensure national interest, the statement said.

Meanwhile, PPP leaders Asif Ali Zardari and Bilawal Bhutto-Zardari called on PM Shehbaz Sharif at the Prime Minister’s House.

The meeting took stock of the political situation in the country and the top court’s order regarding elections in Punjab.

Bench ‘denounced’

Earlier in the day, members of the ruling coalition had denounced the bench formed to hear the “premature legislation” to curtail suo motu powers of the chief justice.

In a joint press conference, key coalition leaders rejected the eight-member bench and urged the chief justice to dissolve it.

They also released a joint statement prior to the presser, condemning the composition of the bench, describing it as “controversial” and “unacceptable” while citing previous cases where similar concerns were raised.

They urged the apex court to reconsider its decision to form the current bench while clarifying that their demands were not intended as an intervention in the chief justice’s powers but it was necessary to maintain a balance of power.

‘Selective bench’

Law Minister Azam Nazir Tarar said the current situation was very alarming, alleging a “selective bench” had been formed in disregard of the rules.

Referring to justices Qazi Faez Isa and Sardar Tariq Masood, the senior-most judges after the chief justice, he said two senior judges were not included in the bench that has been made after a pick and choose. The minister expressed concerns over the lack of representation from Khyber Pakhtunkhwa and Balochistan in the eight-member bench.

The law minister said all provincial bar councils have unanimously expressed their disagreement with the current bench and added that this matter should not be made a matter of ego. He reiterated that parliament was supreme and will continue to make legislation.

“Parliament has the authority to legislate for the betterment of the people, and we are aware of our rights and how to safeguard them. This right cannot be taken away from us by preventing parliament from legislating,” Mr Tarar added.

He said there were voices from within the highest court that had clearly given the impression that the court was not an “imperial institution” and that it was not meant to be run as a “one-man show”.

“Any citizen can challenge the law once it is implemented,” he said and called for the dissolution of the bench.

PPP leader Qamar Zaman Kaira expressed surprise that the matter had been taken up by the court even though the president had not given his “final opinion” on the bill. “I don’t understand the logic behind this. Are they trying to prevent parliament from exercising its powers? We will not accept this,” he added.

ANP’s Iftikhar Hussain also raised objections, saying, “Was it a sin to remove a government through a constitutional process.”

Warning against attempts to undermine parliament’s authority, he said if someone were to try to curtail its powers or refuse to accept it, the legislative would use its powers.

MQM-P’s Aminul Haque, expressed his desire for a full bench to be formed so that the country could benefit from the “collective wisdom” of the judges. “We want the parliament to be able to use its powers, but all pillars of the balance must be equal under all circumstances,” he added.

Another ruling coalition leader said the Supreme Court should avoid taking on the characteristics of a political party, and instead focus on preserving its reputation.

Published in Dawn, April 14th, 2023

Opinion

Editorial

Geopolitical games
Updated 18 Dec, 2024

Geopolitical games

While Assad may be gone — and not many are mourning the end of his brutal rule — Syria’s future does not look promising.
Polio’s toll
18 Dec, 2024

Polio’s toll

MONDAY’s attacks on polio workers in Karak and Bannu that martyred Constable Irfanullah and wounded two ...
Development expenditure
18 Dec, 2024

Development expenditure

PAKISTAN’S infrastructure development woes are wide and deep. The country must annually spend at least 10pc of its...
Risky slope
Updated 17 Dec, 2024

Risky slope

Inflation likely to see an upward trajectory once high base effect tapers off.
Digital ID bill
Updated 17 Dec, 2024

Digital ID bill

Without privacy safeguards, a centralised digital ID system could be misused for surveillance.
Dangerous revisionism
Updated 17 Dec, 2024

Dangerous revisionism

When hatemongers call for digging up every mosque to see what lies beneath, there is a darker agenda driving matters.