In an apparent bid to mollify the tension between the executive and the judiciary, Prime Minister Raja Pervaiz Ashraf on Sunday said that he not only firmly believes in the independence of judiciary but also is in favour of an independent judicial system. But he hastened to add that the Objective Resolution – a part of the constitution – clearly states that state authority should be exercised by the chosen representatives of the people.
The prime minister said that the government believed in the supremacy of law and governing the country according to the dictates of the constitution wherein a clear role had been assigned to the legislature, executive and judiciary.
The judiciary is going to take up important and controversial cases against the government this week including the Contempt of Court Act 2012 case and contempt of court case against Rehman Malik (today), contempt of court case against former law minister Babar Awan tomorrow, and the NRO decision implementation case on July 25 (Wednesday). The prime minister had a meeting with Federal Minister for Law and Justice Farook H Naik who called on him at the Prime Minister’s House and discussed legal issues and pending court cases with the premier. The law minister apprised the prime minister about the initiatives taken to introduce local government system in FATA with a view to ensure people’s effective representation in the planning and execution of local development projects including the reconciliation mechanism to settle local issues. It would also cultivate local leadership, so important for the development of democratic culture and empowering people at the grass-roots, the minister said.
The minister said that progress on the anti-terrorism law was satisfactory and claimed that it would ensure conviction of terrorists, which had been embarrassingly low due to defects in the existing law which the terrorist took full advantage of. The evidence presented in the court by prosecutors could not withstand the defense on legal and technical grounds, and resultantly hardcore terrorists got scot-free, he said. The minister said that the law to control the theft of electricity, gas and other services was being undertaken on fast track basis. He said the instructions had been given to vigorously pursue the cases and get the court stays vacated at the earliest as these had stuck WAPDA Rs 1.3 billion. The law minister said that the government intended to bring amendment in the existing law to provide inexpensive and speedy justice to the people, especially to those who were poor and involved in minor offences.
Law minister ought to take up permanent residence at the PM house since he's there almost everyday to discuss legal problems of the PM and the President. If we had law abiding people in the presidency and the prime mister's house, they'd have more time to concentrate on real problems of the country instead of their own legal issues. We have convicted criminals running the affairs of the country thas why the country is in shambles. A BATA foreman as prime minister, a movie ticket seller as the president and a barber as the interior minister. Even a petrol pump is better run and managed than this govt. setup. No wonder Pakistan get no respect in the world.
In this country constitutions have been trampled over by ugly dictators with pride, what to talk about ordinary laws
Daddy what do the sports man is popular and not better educated than the the bata foreman or the barber. Please the sports man CV.
@Nelta John. I don't believe the sportsman is holding any govt. job, is he? I don't believe his is living off tax payer's money, is he? And I don't believe he is devising govt policies. Correct me if wrong. Besides, I'm not too concerned about someone who is not even in the govt and can't influence the direction of the govt. I'm more concerned about the illetrates who are running the country into the ground.
This is demeaning and hitting below the belt. I am not a fan of the gentlemen or tor their ability to run the administration. Every citizen has a right to criticiizes the mess, indeed this is more than a mess it is a disaster they have brought about ,,but to humiliate them for their profession nd employment in early life is dishonourable.
Sheikh Siddeeque
USA
all authority,power rests with sadre- Pakistan who has made parliament,executive its personal property abetted by his coaliton partners-all bathakhors,target killers,munafaks,mufadprasts,corrupt to core.
This President has given so much to democracy, parliament, judiciary and executive. He has set the tone. Hope things will keep moving in right direction after the elections.
The Problem is that CJ is undermining the Objective Resolution provision and article 248.
Here we go again.
These same upright judges were lapdogs of Gen Mush and took oath of allegiance when he abrogated the constitution and committed acts of high treason. These judges supported and fully endorsed his overthrow of the elected govt, and all his extra constitutional acts. Their faithfulness to Gen Mush continued till he issued a charge sheet against the CJ, fired him and put him and his likes in detention. The writer is portraying these same PCO justices as messiah who has been bestowed powers by God to take over the elected govt and each of its functions. The fact is in the imperfect Pakistan everything is far from perfect and each institution should work in its own boundaries for the future. We have to wage a jihad against terrorists and pay attention against them and to protect the people who have been suffering not to further our own extensions and perks.
The judiciary as a custodian of the constitution is under greater obligation to uphold the constitution by strictly adhering to the principle of separation of powers enshrined in the constitution. It is universally agreed that the judges do not declare what the law should be, but only what it is. In other words, judges are not legislators or lawmakers but adjudicators interpreting the text of law laid out by the legislators and stating what the text means.Parliament being the representative body of the people, who have been acknowledged as sovereign by the constitution, is superior to all the institutions of the state, including the judiciary. Parliament as a creator of the constitution and vested with the powers to amend it, clearly enjoys a superior status and this principle is accepted all over the world. Common sense, which really makes sense, also endorses this dictum.
Comments are closed.