PARLIAMENT IS NOT SUPREME

By
fraaz
-
143
358

As the government prepares to declaw the superior judiciary with a new legislation on contempt of court law and continues with its trumpeting of parliament being supreme and subversive to none, Supreme Court Chief Justice Iftikhar Muhammad Chaudhry on Saturday exhibited the judiciary’s iron fist in a velvet glove, saying the country’s constitution, not parliament, was supreme.
The CJP gave a veiled hint that the apex court could strike down any law repugnant to the constitution.
Addressing lawyers during a ceremony at the Sindh High Court (SHC), he said the question of parliament’s supremacy over the constitution was unjustified.
Justice Chaudhry said Article 8 empowered the superior courts to strike down any legislation that encroached upon the basic rights of the citizens, and it could also strike down any law that was in conflict with the constitution.
The CJ said whatever position or post one held, the law was same for all. “Action on contempt of court was taken against the chief executive for not obeying the court order and he lost his position,” he added.
The chief justice said Article 2(A) of the constitution was the guarantor of judiciary’s independence. “The courts of the country are under the constitution. There would be no compromise on protecting the independence of judiciary,” the CJP added.
He said obeying the law was necessary whatever consequences it entailed, adding that it was incumbent upon lawyers and judges to protect independence of the judiciary.
The CJP said Pakistani laws were not a continuation of the British system, however, the decisions which were being made on arguments of lawyers had become the ideology of the future. The chief justice said only a free and independent judiciary could ensure that the will of the people was enforced in its true spirit. He called upon the newly-inducted advocates to provide assistance to the court as it was their able assistance that enabled the judges of the apex court to deliver good judgments.
NRO case: Meanwhile, the Supreme Court on Saturday announced setting up a five-member bench to hear the NRO implementation case on July 12.
Sources said the attorney general of Pakistan would submit the prime minister’s reply to the issue of reopening cases against President Asif Ali Zardari in Switzerland. Justice Asif Saeed Khosa will be heading the bench that comprises Justice Ijaz Afzal, Justice Ijaz Chaudhy, Justice Gulzar and Justice Atahar as members.

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143 COMMENTS

    • r u student of law to decide whether he should say something publicly or not.
      its his duty to clear ambiguities relating constitution

    • Aeen eik bar banta hai eik nation ki history main aur eik parliament banati hai, har parliament apna naya aeen nai banati, only in extreme cases ammend karti hai woh bhe jab matters concerning the 'people' (am admi) of Pakistan hon. PM CM aur president ko contempt of court say bachanay k lia nai ammendments hoti. Aqal barri ya bhains ?

      • hamare log aise bewaqoof hain, khud ko support nai karte apne dushmano ko support karte hain, jahil log, jab tak ye zinda hain zardari and gillani to kiya in se bade shetan aaen ge

    • it doesn`t mean that law makers r supreme. who can`t even do BA, how can they make or amend law.

      • aik shakhs ko kisi qanoon ka pata hi nai hay, wo chala hay new law banane, stupid……

    • Agr pata na ho to baat nai karte, bhains to tumne keh diya hay.
      aaen ko kon janta hay and aeen per amal kon karta hay, ye supereme court ko allowed hay k wo kisi illegel ko illegel kiya jane ko discard kar de, kia tum zardari and ppp ko firon to maante k jo b kahain wo theek hay, i think tum firon ki party mein se ho
      zardari ne agr tumhain khareed liya hay to iska ye matlab nai k sab theek ho gya hay.

  5. Pak Judiciary never respected Parliament therefore has always given protection to unconstitutional acts of dictators from Gen.Ayub to Musharaf .In 2007 he was CJ of SC when General Musharraf in uniform was elected from parliament .

    • to us mein tumhare chaudhriyon ka kaosoor tha ye duty unki thi, kia ye b CJ nibhae,
      and ager CJ ne ghalat kiya to uska azala b kar raha hay, but tumhare PMLQ MQM ANP wale kia kar rahe hain, everyone knows better,
      tum to baat karne k kabil b nae ho, kis munh se baat kar rahe ho?

    • A Great man in a dark forest where every side has wolves of firon, and some people from pak feeding those wolves, and also feeded by firon.

    • A Great man in a dark forest where every side has wolves of firon, and some people from pak feeding those wolves, and also feeded by firon.

      v love cj b cause islam wants justice, rule for everyone should be same.

  9. We are standing with supreme court. Parliment is just a gathering of bunch of zardari puppets who one day may declare sharab as halal or they may put their own rules to support their corruption and bad governance, we cant let that happen.

  10. Just Words game, but common people is still looking for justice from government as well as judiciary. Common is does judiciary or the government can provide pakistani commin people justice peace employment energy education and health facilities??????????

    • A Great man in a dark forest where every side has wolves of firon, and some people from pak feeding those wolves, and also feeded by firon.

      v love cj b cause islam wants justice, rule for everyone should be same.

      Lagta hay zardari ne haddi daal di hay, tumhari ppp konsi achi, corrupt and selfish… zardari a play boy, isi liye tumhain acha lagta hay.

    • zardari ne agr tumhain khareed liya hay to iska ye matlab nai k sab theek ho gya hay.

  16. Why is the govt in such a hurry to make these changes? Could it be that they are trying to save a few filthy sum bags?

    • A Great man in a dark forest where every side has wolves of firon, and some people from pak feeding those wolves, and also feeded by firon.

      v love cj b cause islam wants justice, rule for everyone should be same.

      Lagta hay zardari ne haddi daal di hay, tumhari ppp konsi achi, corrupt and selfish… zardari a play boy, isi liye tumhain acha lagta hay.

  18. .
    Nonsense. Every Constitution has a provision for amendment and that can happen through a parliamentary process. Not through a crooked CJP or at a gun point …
    .
    He is pushing things for an army takeover. An agent's role, I would say …
    .

  27. A B*A*S*T*A*R*D is sitting on the editorial staff of this newspaper who is blocking all pro-democracy comments and arguments in favour of supremacy of parliament.

  28. A H*A*R*A*M*I is blocking my comments which prove supremacy of Parliament.This H*A*R*A*M*I does not want the people to read my solid arguements in favor of supremacy of Parliament.

  29. The editor of this newspaper is anti-democracy and blocking arguement in favour of Parliament.

  30. The editor of this newspaper is H*A*R*A*M*I and accepts my abuses but does not publish my arguements in favor of supremacy of Parliament.

  31. hahaha…………a bunch of 17 million fools we are,being fooled daily by the blood-sucking political,judicial,military and diplomatic elite……………….we people are being run by Allah Almighty,I must say, otherwise everyone of us knows his condition very well!!

  35. Pakistan Today CJ is biased always protecting his first cousin Rana san ullah party PML-N & GHQ is pulling his strings to demolish paliament & democracy

  38. Damn right CJ. These criminals will do anything for themselves, including sell their mothers and daughters. Hang them all.

  42. CJ is biased & politicizing the judiciary ,being judge he shouldn't comment publicly .

  43. Its like "Aqal Barri Ya Bhains " & CJ answers is "Bhains" Aeen kaun banna ta hai ? Parliament or Supreme court ?

  44. Pak Judiciary never respected Parliament therefore has always given protection to unconstitutional acts of dictators from Gen.Ayub to Musharaf .In 2007 he was CJ of SC when General Musharraf in uniform was elected from parliament .

  52. We are standing with supreme court. Parliment is just a gathering of bunch of zardari puppets who one day may declare sharab as halal or they may put their own rules to support their corruption and bad governance, we cant let that happen.

  54. ASIF ALI ZARDARI is the second Miracle! And through the new legislation he wants us to accept his Immortality!!

  56. The each have their own space and function. It is criminal on the part of the parliament to try and dominate the courts.

  57. Are you kidding? Of course one vouches for the CJ. Its easy when you are forced to compare him with the thieves masquerading as political leaders.

  58. If the Parlimentarians followed the Constitution in the greater interest of the nation and specially the common person. There would be no need for the Supreme Court to interfere and impose her power.

    • Absolutely right. These mafia men have brought this upon themselves, and InshaAllah this is just the beginning. We want justice & we want to see EVERY PPP, PMLN, PMLQ & MQM thug hanged.

  60. Just Words game, but common people is still looking for justice from government as well as judiciary. Common is does judiciary or the government can provide pakistani commin people justice peace employment energy education and health facilities??????????

  64. Pakistan Today Pak Judiciary never respected Parliament therefore has always given protection to unconstitutional acts of dictators from Gen.Ayub to Musharaf .In 2007 he was CJ of SC when General Musharraf in uniform was elected from parliament .

  69. How can Parliament be supreme when 90% of MNA`s are criminals. I CHALLENGE ANYONE TO DIPUTE THIS FIGURE!

    • and 100 percent thugs in judiciary..a judge who is blind to his son's corruption can't be judge of others.

  72. Constituion is here to protect our courpt parlimentarian,they do amendments accordi.g to thier will,people of Pakistan are supreme…

  78. Laughable the comments about the parliament, we voted for them hence we are at fault for bringing these dogs to the parliament. OUR FAULT AND THE TEUTH IS THAT WE WILL DO IT AGAIN.

  79. The each have their own space and function. It is criminal on the part of the parliament to try and dominate the courts.

  81. Are you kidding? Of course one vouches for the CJ. Its easy when you are forced to compare him with the thieves masquerading as political leaders.

  84. hahaha…………a bunch of 17 million fools we are,being fooled daily by the blood-sucking political,judicial,military and diplomatic elite……………….we people are being run by Allah Almighty,I must say, otherwise everyone of us knows his condition very well!!

  89. Of Course Constitution i.e. which is in spirit Islamic is Supreme over the filth and dirt that is there in the Parliament. And those who Call him (C.J.) DON are enemies of Pakistan.

  90. Pakistan Today Pak Judiciary never respected Parliament therefore has always given protection to unconstitutional acts of dictators from Gen.Ayub to Musharaf .In 2007 he was CJ of SC when General Musharraf in uniform was elected from parliament .

  92. Pakistan Today CJ is biased always protecting his first cousin Rana san ullah party PML-N & GHQ is pulling his strings to demolish paliament & democracy

  95. Constitution is Supreme, one simple example is if Constitution is derived from Quran, can parliament change it? of-course not. It means Parliament has certain limits, it cannot make fundamental principals, it can only change procedural laws.

  97. ya sub log kia kah rahe ha ?????????? supreme cort ko galt kis bat pa????hamare government na hamesha hamre mulk ko naqsan diya….or supreme court na un ko pakra kch socho ……..yar kch socho mulk k bare ma na k party k bare ma ager ppp itne ache ha mulk ma nazar be ata kch har koi galiyan na data ppp ko…. think..think..think

  99. well Govt. is going for legislation for just once person safety, its the country of 18crore people. please behave ur self Govt. people.

  100. i would ask Govt. kal yeh law bna dain keh choori theek ha legal ha aur majority saay pass kara dain tu phir? parliament is supreme?

  102. CJ is right..at this time supermecy of parliament means breakage of Pakistan in near future..because they all protecting their individual rights..and playing games for elections…

  105. Parliament though runs under the constitution has supremacy because it can only change the law and the courts cannot because the judges function under the laws created by the parliment. Parliament is the one which after all coined the consituion and it was not the costitution.

  107. we belive in supereme courts cuz this time only supreme court and cjp is fair and people like this and government only make cruption load shedding and make money we are with stand with supreme court and CJP

  110. The ans is simple .. Anywhere in the world law making institute can never be above the law. Parlimant is a law making institute it can be above the law. Otherwise u will regret when u see how they abuse law when they have power. It has to be constitution which is above everything. Any civilian govt has always a crash with supreme court read the history they want to buy judges they want doggar courts which is not the case this time. CJ is the only hope for justice against big shots. We really need to support him. Otherwise u r supporting zardari tola. Choice is urs

  116. i think CJ is right coz All politician is corrupted so CJ is the only hope for paki people

  118. No not all, we need to account for the 35 Crore which his son digested and he covered by being the judge. Lol , corrupt people.

  119. Laughable the comments about the parliament, we voted for them hence we are at fault for bringing these dogs to the parliament. OUR FAULT AND THE TEUTH IS THAT WE WILL DO IT AGAIN.

  121. now see, the parliament is making stupid amendments in the constitution, like the dual national holder will then be allowed to be an MNA / MPA or even PM

  125. i think it is stupid discussion… parliment and consitution are two different… question may be between paliment and supreme court what is suprem ? these are two department…consitituon ko parliment nay banaya hai laken os say koe balatr nahee…na koe General,na koe judge na keo jounrnal na koi politician……

  127. The parliment and the will of the people is supreme. The supremacy of Judiciary is again judical dictatorship. How a bunch of judges can be supreme against the Will of millions of people.
    If it is the matter of force, then Military is supreme not Supreme Court.

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