Independent judiciary : NGO moves court against law

Court asked to strike out article 175 (A) as, it prevents the implementation of Article 175 (3) of the Constitution.

KARACHI:

Iqbal Kazmi of the Human Rights Commission, South Asia filed a constitutional petition in the Sindh High Court against the inclusion of Article 175 (A) to the Constitution under the 18th Amendment. The article adds the federal law minister and the Attorney-General of Pakistan as members of the Supreme Judicial Council.

Kazmi asked the court to strike out the article as, according to him, it prevents the implementation of, and thus is in conflict with, Article 175 (3) of the Constitution. The article deals with the independence of the judiciary.

The petitioner, relying on different articles of the constitution, including Articles 4, 8, 175 (3), 177 and 193, maintains that while amending the Constitution, it was the duty and responsibility of the legislature to see whether the amendment is in consonance with other articles.

The federal law minister and Attorney-General of Pakistan are holders of a constitutional office and are part of the executive. They cannot interfere in the affairs of the judiciary and can only represent the federal government or state before a court of law, he submits.

Thus, they cannot be made members of the Supreme Judicial Council which is a purely judicial body. The appointment of judges is also a purely judicial administrative function, the petitioner adds.

The petition is likely to be heard on Friday, April 15.

Published in The Express Tribune, April 14^th,  2011.