Opposition leader appointment: Experts divided over taking Senate dispute to court

PML-N will decide today whether or not to take the issue to the Supreme Court.

ISLAMABAD:

As the opposition parties in the Senate, led by the Pakistan Muslim League-Nawaz (PML-N), gear up to contest in court the appointment of a Jamiat Ulema-e-Islam-Fazl (JUI-F) member as leader of the opposition, some experts believe such a move is likely to pitch the legislature against the judiciary.

“The opposition will make a final decision today (Thursday) on whether the issue should be taken to the Supreme Court or not,” PML-N Senator Syed Zafar Ali Shah told The Express Tribune.

Parliamentarians and constitutional experts are divided on the legal matter as to whether a parliamentary issue should be taken to court or resolved in the parliament. Some leading constitutional experts say any such move would undermine the supremacy of the parliament, which has its own mechanisms to resolve its issues.

The Senate chairman recently appointed Maulana Ghafoor Haidari, a member of the JUI-F, as leader of the opposition, replacing Waseem Sajjad of the Pakistan Muslim League-Quaid (PML-Q) after his party joined the treasury benches. PML-N’s Ishaq Dar and Haidari were strong contenders with the PML-N claiming to have the support of the majority of the opposition members including PML-Q dissidents. Haidri’s appointment
irked the PML-N and its supporters.

Talking to The Express Tribune, SM Zafar, a senior lawyer said that article 69 of the constitution ensures supremacy of the parliament as it states that the internal and procedural issues of the parliament cannot be challenged in any court of the country. “It is reciprocal. The conduct of a judge and the decision of any court cannot be discussed in the parliament,” he said.

Khalid Ranjha, former law minister, said the courts have no right to interfere into the affairs of the parliament. “I think the Supreme Court should not interfere in this issue because it would be reciprocal and would open a pandora’s box,” he suggested.

Prof. Khurshid Ahmad of Jamat-e-Islami said that the Senate chairman took an executive decision and since this particular matter is not related to house proceedings (internal dispute), the decision of the opposition to take the issue to the Supreme Court would not undermine the supremacy of the parliament.

PML-N MNA Ayaz Amir said that a majority of the PML-Q members are not supporting Haidri’s appointment as opposition leader, adding that whatever the court decides would be accepted by the PML-N.

Akhtar Hussain, Vice President of Pakistan Bar Council, said that such disputes should be resolved in the house. The courts can intervene in case of constitutional violations.



Published in The Express Tribune, June 16th, 2011.