ISLAMABAD - Chief Justice of Pakistan (CJP) Justice Umar Ata Bandial said Tuesday that they had learnt through media that Pakistan Tehreek-e-Insaf (PTI) lawmakers intend to return to the Parliament. A three-member bench of the apex courtheaded by Chief Justice Umar Ata Bandial and comprising Justice Ijaz ul Ahsan and Justice Syed Mansoor Ali Shah conducted hearing of former prime minister Imran Khan’s petition against the amendments in the NAO, 1999. At the outset of hearing, the chief justice said that there were reports in media regarding the return of PTI to the Parliament. Whether the government would sit with the PTI to address the major issues if it joined the Parliament, he asked. Makhdoom Ali Khan, representing the federation, said that if and when they (PTI MNAs) can go to the Parliament to get the grievance addressed, they may move a bill to amend or repeal the amendments. There is parliamentary procedure, they either can move the private bill to amend or repeal the law. Justice Bandial remarked that at this we need cooperation in every aspect, whether that is economic, police and social. Justice Ijaz ul Ahsan said that suppose there is bipartisan then they should consider amending the law.
He added that the sanity must prevail on both sides. Everyone needs the best of the national interest. Makhdoom said that the judicial approach is based on principle, while the political approach is based on generality.
He further said that without politics there is no democracy and the country or the society survives with the spirit of accommodation. Then the counsel cited the Britain history, how the democracy flourished there.
Justice Syed Mansoor Ali Shah stated that the parliamentary process is available to the PTI MNAs therefore go back and take up the matter in the National Assembly. When the bench inquired from Imran Khan counsel whether he has any instruction from his client regarding the matter. Khawaja Haris said that the political situation is untenable and chaotic therefore nobody knows what will happen next.
He said that not only the petitioner, but many other people also have suffered by the amendments. The Chief Justice said that dozen times my colleague (Justice Mansoor) stated that this matter to be decided in the Parliament and not in the court. However, the petitioner brought this case which attracts Article 184(3) of the Constitution. Makhdoom contended that when the Supreme Court looks at strike down a statute then it should see the boundary of exercise of its power. Unless there is clear-cut unconstitutionality pointed out, the statute is not struck down mere on different of perception. He said the ethical issues need to be looked at with the perspective of constitutionality.
