The article titled “All over a letter” written by Mr Hamayun Gauhar in Pakistan Today on 24 June is not in good taste when the writer himself wants to be educated on the subject.
We have trichotomy of power in the country i.e., Executive, Legislature and Judiciary. None of these is supreme to lord over the others as such but each one has a function and is balanced by certain checks. The legislature enacts laws, executive implements these laws and the judiciary interprets laws and the Supreme Court is the final arbiter of Constitution.
II. As for as the humans as vicegerents are concerned, all of us, including the Speaker, the lowly peon and the judges, are all vicegerents in their own spheres with Allah Almighty as the sole Sovereign.
III. There is no Court of Speaker but the courts are duly defined as per Constitution. The so-called peoples court can only elect the representatives but has no power to adjudicate in disputes which is the sole domain of superior court judges who are answerable to only Supreme Judiciary Council and not to Speaker. Also there is no law defining the contempt of speaker as such which is an imaginary concept.
IV. The letter to be written as per orders of Apex Court is no stupid letter. It is the fundamental symbol of justice that states all citizens are equal before law and entitled to equal protection of law. There was no immunity in Islam even for the Holy Prophet (PBUH) who offered himself for open accountability. Can Mr Zardari not do so in the footsteps of the law giver?
V. The Supreme Court did not elect Mr Gilani. It was the corrupt system which threw up such wonders.
VI. Mr Gauhar, it appears, needs some education before he ventures on such a slippery subject as checks and balances in our system of government as per the Constitution of Islamic Republic of Pakistan as per aspirations of the people.
DR MUHAMMAD YAQOOB BHATTI
Lahore
What else can you expect from the ghost writer of Musharraf, who considered it proper to write in Line Of Fire that the tin pot dictator handed over thousands of Pakistanis to NATO forces for a bounty. The father served Pak first military dictator Ayub Khan, the son Musharraf.
@ Tariq Malik …. are you willing to provide proof to substantiate your contention of 'handing over thousands of Pakistanis to NATO forces for a bounty'; in a court of law OR are you just another one of those bankrupt intellectuals that this country is full of.
The good Doctor may like to consider the analogy that, in the interest of maintaining equality between the pillars of the state; An errant judge is dealt with by the SJC which again is a body of judges; similarly the disqualification or otherwise of an elected Prime Minister (irrespective of what his shortcomings are) should be the domain of the Speaker of the Assembly that gave him the vote of confidence. Afterall all there has to be some distinction between convictions too. Conviction for murder and a parking ticket is just not the same, unless we have an overzealous judiciary out to prove ascendency over all other branches. This act has only added to the prevalent instability in Pakistan whcih is so dearly being fermented by our so called friends from both sides of Pakistan. God help us! A constitution will only be good if there is a Pakistan.
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