–Top judge says parliament passed 18th Amendment without debating it
ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar remarked on Thursday that it had been four months since the Pakistan Tehreek-e-Insaf (PTI) government took reins of the country, but had not been able to pass a single bill.
He was hearing a case pertaining to the increasing number of judges at the Islamabad High Court (IHC).
During the course of proceedings, the Islamabad advocate general informed the court that the federal cabinet had accepted recommendations in this regard.
At this, Justice Nisar said he should be informed through the proper channel as to what legislation has been made.
The chief justice also directed the law secretary to table the draft legislation prepared by the government in the parliament.
Last week, the CJP had asked the government to look into the matter of the increasing number of IHC judges, or else the apex court would take a suo motu notice.
During his conversation with Additional Attorney General Ishtiaq Ahmed Khan, the chief justice had recounted that the government was forwarded recommendations pertaining to increasing number of judges in the IHC during the tenure of the caretaker setup.
18th AMENDMENT:
Separately, Justice Nisar said that the 18th Amendment to the Constitution of Pakistan was passed without the parliament debating it.
During the hearing of a case pertaining to the transfer of trust hospitals in the aftermath of the 18th Amendment, he said that just because a building is located in the province, it does not mean that it has been transferred to that province and the federal government is not restricted from building hospitals in the provinces.
“If the provinces fail to provide healthcare facilities to the people, the government should step in,” he remarked.
“How is this possible that the federal government builds hospitals and leaves it at the hands of the provinces to destroy,” CJP Nisar added.
Speaking about the 18th Amendment, he said that amendments are debated upon before being passed as laws all over the world but no such debate took place in the parliament before the 18th Amendment was passed. “How can the parliament approve the 18th Amendment without a debate,” the chief justice asked.
The top judge was informed by Pakistan People’s Party (PPP) leader and former Senate chairman Raza Rabbani that while the bill was not debated much upon, it took nine months to prepare its draft. He further said that the court should ask the parliament to resolve this issue.
To this, Justice Ijazul Hasan said that the parliament has performed its duty, now it is the responsibility of the court to interpret the law.
