As the government keeps driving its point home about the ‘untouchable supremacy’ of parliament, the Supreme Court also appears in no mood to compromise on its freedom and on Friday ordered the formation of a five-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry to hear petitions filed against the new contempt of court law.
Other members of the bench will be Justice Shakirullah Jan, Justice Khilji Arif Hussain, Justice Jawad S Khawaja and Justice Tassadduq Hussain Jilani. The SC has already fixed July 23 as the date to commence hearing in 13 constitutional petitions filed against the newly-enacted law.
The federation, prime minister, National Assembly speaker, Senate chairman, attorney general, federal law minister and cabinet secretary have been named respondents in the cases. The court has also called Attorney General of Pakistan Irfan Qadir to assist the court in the case. The tussle between the two sides has turned cold ever since Yousaf Raza Gilani was shown the door, but it may again turn into a full-scale confrontation, keeping in view the commentary from each side.
Chief Justice Iftikhar Muhammad Chaudhry had told a lawyers’ gathering in Quetta a few days ago that the Supreme Court would not allow “anyone” to make unconstitutional moves. “Now there will only be the supremacy of law and constitution in the country,” the CJP had said. Addressing lawyers at the Sindh High Court (SHC) some days later, Justice Chaudhry said the question of parliament’s supremacy over constitution was unjustified. He had 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 the 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. On Thursday, President Asif Ali Zardari also directly jumped into the cold war between the executive and judiciary by declaring the parliament supreme in all respects. He said it was the duty of “everyone to accord parliament every respect” it was entitled to having been elected by the sovereign people of Pakistan. The ongoing series of subtle remarks and hints from both sides appears to be a harbinger of a new crisis that could again see the SC putting its foot down on the issue and the government pressing immunity for its members from every sort of questioning.
SC judges are dancing around the real issues. They nee to decide once and for all wether law really truly is applicable to all or not. They make statements but they don't back their statements with actions. Everyday they let the PM go without holding him accountable for not obeying court orders they are encouraging more of the same by ppp leadership. I always suspected that they will wait untill closer to the elections to see which way is the wind blowing before they start taking stands on issues. My suspicion was correct.
When will they hear it? Two days before elections? We know the game they are playing. They are waiting to see which way the wind is blowing.
Its becoming obvious the game being played.
Why does SC take so long to make any decisions? Waiting for the right moment perhaps?
Supreme Court sometimes becomes very beautiful wife and sometimes very ugly. No doubt the Parliament is Husband and as such should not be challenged. If anything goes wrong their children (you and me) will suffer.
Parliament has the power to make laws. SC has the power to interpret them. It does not have the power to misinterpret them which it is presently doing on a regular basis. There is rampant corruption in judiciary. It is not possible for an ordinary citizen to get justice. One needs to buy judges to get it. It is imperative that SC should, first of all, cleanse its own house. Till then, it has no moral authority to act like a watchdog.
but this new law has also not been agreed by Mr Aitzaz, Raza Rabbani, Mr Iqbal Haider & Babar Awan & recently Ms Asma Jehangir & Khalil Ramday…beside, others who hv shown their reservations on this issue…….you mean all these peole are wrong.? by yr stsndard, shut this judiciary ( it will save lot of money ) & make yr own selected judges to resolve legal issues under law ministry by changing whichever law you think goes against you guys ( not the poor peole )…what else you guys want from the judiciary.? It is people like you who thinks that the judiciary is mis-interpreting, NO, if so, the whole judiciary & its affiliated bodies wud hv by now protested…..it is we common guys ( we are not legal minds ) whose minds have been brain washed thru nagative propaganda by the vested media etc; thinks that the judiciary is biased….bcz we are not used to such assertive judiciary as in the past , who are trying to make us follow the rule of law ( made by the Parliament ),so let us face facts & accept that we are continuosly ( even the SHO level guys ) flouting court orders…? are we not ? dont we hear & read this day in day out..?
@Shahid. the courts are the places where ordinary citizen is afraid of going because of rampant corruption. The SC must set its own house in order before setting itself on reformist crusade. It is obvious that Parliament makes laws and hence it is superior. If Constitution was supreme, Parliament could never have been empowered to amend the constitution.
Since Parliament can amend the constitution so it is superior to constitution
Stupid B*A*S*T*A*R*D son of a B*A*D*K*A*R woman is blocking my comments because I hv given a solid arguement in support of Parliament.
supreme court is openly biased against ppp government.they are clearly overstepping.
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