Chief Justice Iftikhar Muhammed Chaudhry Monday said the court’s powers cannot be curtailed with any step of the Parliament.
Appearing before the five-member bench hearing 26 identical petitions filed against Contempt of Court Law 2012, Attorney General of Pakistan Irfan Qadir said the federal government appointed Justice (rtd) Shakoor Pracha to plead its case.
Parach said that court’s notice was about 16 petitions but 26 petitions are pending about the case which demands a full bench of of the Supreme Court instead of five-judge current bench.
Rejecting Pracha’s plea for the full court, the Chief Justice Chaudhry said three-member bench decided that a five-strong bench will conduct hearing.
Responding to Pracha’s plea for more time of one to two weeks, the Chief Justice Chaudhry remarked the court has already given enough time. He added that this was an important issue which needed to be dispensed at the earliest.
Attorney General said that the case was first of its kind as no such cases came up earlier in the history of Pakistan and therefore two-weeks time should be given before the next hearing.
Chief justice responded by saying that Attorney General’s information was not correct and such a case was heard by a five-member bench headed by Justice Ajmal Abbasi in 1996.
The Attorney General further said the world’s legal concepts have undergone change since 1996, adding Justice Ajmal Mian held that the Constitution actually commands in contempt of court cases.
Justice Tasadduq Hussain Jilani remarked the supremacy of the law lies in safeguarding the Constitution, adding the contempt law will remain until we continue to believe in the rule of law.
The Chief Justice further said no act by the Parliament can slash the jurisdiction of the judiciary, elaborating the some measures mentioned in 1973 Constitution are exempted from the definition of contempt of court.
However, this exemption has been abolished with 18th Amendment, he added.
CJ should be held for contempt of people. If they strike down parliament, that shows these government servants want to rule over the people's representative. What else proof that they are working for the establishment to weaken democracy in Pakistan
200 % right u r
Independence of Judiciary should be honoured by virtue of the constitution, so any amendment contrary to the same is ultra-varies of the constitution….respect the country, constitution than personalities…
What about the parliament approving the contempt of court ruling Bota g,you know where the government is covering their rare end
you should not forget that this judiciary was restored in the result of strong public movement. People of Pakistan gave them vote of confidence against this corrupt Government on the eve of Long March for the restoration of judiciary
CJ is taking the lagacy of Zia Ul Haq. All over the world parliment is supreme, supreme court workes under the parliment. CJ can't srike down the will of pakistani people.
Rule of Law is supreme and no one is above the law
Guy! i know parliament is supreme, but wait a second, are guys telling me that any parliamentarian cannot be called to the court even if he has done something wrong. This is what this law is all about, to escape from the law. Give immunity to president, PM, and all parliamentarians. Trust me, this will bring bad consequences in the future, you will find these people behaving like GOD if not stopped today.
You are mixing indivisual criminal cases with the function of parliament.
In Pakistan every power-wielder wants to have his field of con-operations and rank-jobbery unhindered and flourished as ever , but astute and recurring experience will always brought to bear the reality that politicians and electoral politics in Pakistan is root of all evils. politics in Pakistan is in fact a deadly pang of snake which permeates its poison in the socio-economic fibre of country through different kinds of lethal patron and client political-economies at the hand of feudal,landed gentry and industrials,big business houses who have already most despicably sold out to imperialism and having brokered their pond of flesh are day and night busy stream-rolling judiciary of Pakistan which despite its short-comings is a last stumbling block in their nefarious designs Democracy without an informed public and socio-economically unhinged from different kinds of these patron and client fiefdoms and ethnocentric sect-centric cleverly architected politics of exploitation and vested interest to which the whole fabric of Pakistan is sunk will not yield a single-step forward in the nation hood of Pakistan and rest is history
You have a mind set, cannot help you.
This judicial terrorist has brought back 52 B, recarnation of Moulvi Zia Ul Haq
re incarnation of Maulvi Mushtaq….and what about the power of Parliament. Can supreme court take the power of Parliament.
At what point do you look at the CJ and say,enough is enough,the Chief Justice has gone too far or he is stepping way out of his reach.Some call him a hero while others call him Maulvi Zia Ul Haq,I really hope he is not the latter.
The CJP and his brothers on the Supreme Court Bench are all that stands between Pakistan and the complete collapse of society. The LAW must be supreme if we are to save ourselves from the chaos that beckons.
The true enemy of democracy is the one who using the people's will (as Hitler and Stalin did) to impose a nightmare on us where the only law his the leader's law.
I agree with you but the problem is our people do not look beyond their personal interests
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