—We have to make PEMRA an ideal and autonomous body, says Saqib Nisar
—CJP says the court will utilise powers granted to them by the constitution and the law
ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar said Tuesday that the parliament cannot make laws that violate the basic rights of the people.
He said, “The parliament is supreme, but the Constitution is above it. (Supreme Court) has the right to review legislation that violates the basic rights of citizens.” He added that the parliament cannot legislate against basic rights.
Justice Nisar gave these remarks while hearing the media commission case in the Supreme Court (SC). He was heading the three-member bench during the proceedings.
Responding to questions of certain legislators regarding the top court’s interference in the lawmaking process, he said that the Constitution was above the parliament and provided such provisions to judges.
He said that the apex court’s queries were intended to develop a better understanding of different perspectives and should not be perceived as the court’s interference in the legislative process.
He gave this statement in reference to the remarks made by Prime Minister Shahid Khaqan Abbasi in the National Assembly (NA) on Monday in which he lambasted the recent rise of judicial activism in the country. The prime minister had alleged that the interference of the apex court in parliamentary affairs was badly affecting the functioning of the government.
Meanwhile, CJP Nisar remarked that recommendations made in the media commission report, and the promises made by the government remain unfulfilled. “We have to make Pakistan Electronic Media Regulatory Authority (PEMRA) an ideal and autonomous body,” he remarked.
He also complained that certain inexperienced persons were being appointed in the institutions, adding that appointment of professionals was necessary to run the institutions in a better way.
The chief justice also questioned, “If we ask whether a certain person is qualified to hold public office, does it mean that we are insulting the parliament or the parliamentarians?”
“Any remark that we give on an issue becomes the main headline, whereas, we give remarks to understand the stance of both parties without the intention of causing stress to any person,” he commented.
CJP Nisar made it clear that he was neither giving an explanation nor was he bound to give any in this connection. He also said, “We would fully utilise the powers of the Constitution and the law.”
