ISLAMABAD - The apex court came under fire in the Senate on Friday for the remarks of Chief Justice of Pakistan (CJP) Umar Ata Bandial that the parliament was being kept incomplete intentionally, which makes its legislative processes controversial.
A senior lawmaker of the ruling PML-N severely criticized the judiciary claiming it was overstepping its jurisdiction and termed it an attack on the parliament. In response, the opposition PTI defended the comments of CJP by saying that this was a fact that the parliament was incomplete as a major party of the country had been ousted from its lower house through a ‘regime change operation’. Chairman Senate Muhammad Sadiq Sanjrani referred the matter to the Senate Standing Committee on Law and Justice.
While hearing Chairman PTI Imran Khan’s petition against the amendments made by the parliament to the ments made by the parliament to the National Accountability Ordinance, the CJP the other day had said that the parliament was being kept incomplete intentionally, thus the legislation of amending the accountability law was becoming controversial.
The debate started in the house over the issue during question hour when Jamaat-e-Islami Senator Mushtaq Ahmed raised questions over the Supreme Court’s monitoring of the special audit being conducted of Islamabad’s Gun and Country Club. “This is not the job of the Supreme Court”, he said after the house was told that the court had taken notice of the allotment of Pakistan Sports Board’s land to the club. The government also said that SC had appointed a caretaker committee and a special audit was being carried out into the alleged irregularities in the club under court’s supervision.
Following this, Minister of State for Law Senator Shahadat Awan said the role of the Supreme Court was often discussed in the house. He said Senator Irfanul Haque Siddiqui made some remarks and the CJP passed some remarks in response. He said all institutions should remain within the constitutionally defined domains. He further said that the parliamentarians and the judges should avoid passing remarks about each other, and some lines should be drawn. He proposed the matter should be referred to the standing committee concerned. After this, PML-N Senator Siddique speaking on a point of public concern said that CJP not only gave controversial remarks about parliament but also said that only a single prime minister in the country’s history was honest. Perhaps, the chief justice was referring to ex-PM Mohammad Khan Junejo. “Who has given the privilege to CJP that he has declared all prime ministers of the country, from Liaquat Ali Khan to Imran Khan dishonest with a single stroke of pen,” he said. He called these remarks disturbing saying that the legislators respected the judiciary very much.
He appealed that the courts should not lash the parliament on its back. He accused the CJP’s remarks were an attack on the sovereignty and respect of the parliament. He concluded that the courts should avoid giving political statements by overstepping their jurisdiction.
PML-N Senator Saadia Abbasi also said that the remarks of CJP were tantamount to attacking the judiciary and the parliament, and they should defend their own institution.
In response to the speech of PML-N Senator, Leader of the Opposition in the House Dr. Shahzad said that it was a fact that the parliament was incomplete, as PTI being the largest party in the NA had been converted into minority and ousted from the house. He regretted that the date for the election of provincial assemblies of Punjab and Khyber Pakhtunkhwa was not being announced which was a violation of Article 105 of the Constitution. The opposition leader said that the government should make a difference between criticism and contempt. He added if CJP had made some point, then it came in the category of criticism, not contempt.
Earlier, PTI Senator Shibli Faraz said that there was anxiety and tension prevailing among public as well as legislators, as fundamental rights were being usurped under one pretext or the other and the Constitution was not being followed. He lamented that if democracy was to be saved, then the incumbent government would have to go for elections to ensure supremacy of the Constitution and the rule of law. Responding to the opposition leader’s speech, ex-premier Senator Syed Yousuf Raza Gilani said that then prime minister Imran Khan was removed through a no-confidence motion, which was very constitutional. He added it was PTI that itself violated the Constitution.