SC gave no response to law ministry’s 13 letters, NA told

We want to give the information but we can’t instruct the apex court, says Parliamentary Secretary for Law and Justice

ISLAMABAD:

Lawmakers in the National Assembly were told on Monday that the Supreme Court and the Federal Judicial Academy has not yet replied to 13 letters of the law ministry seeking answers about the name and numbers of cities where model courts were working at present.

In an answer to the questions raised by MNA Tahira Aurangzeb, the Minister for Law and Justice Barrister Farogh Naseem said that the information was not available in the ministry as setting up of the model courts was not the initiative of the federal government.

The law minister said that the courts were administered by the Supreme Court and the registrar of the apex court and the FJA have been requested to provide the requisite information through 13 letters sent between February 7, 2020, and August 2, 2021.

While mentioning all the dates when the letters were sent to the top court and the FJA in the reply, the minister said that once the information is received the same will be provided to the National Assembly. On the floor of the house, Parliamentary Secretary for Law and Justice Maleeka Bokhari said that the model courts were set up by the Supreme Court, adding the law ministry has sent 13 letters to the apex court and FJA but “unfortunately” has not yet received any reply.

“We will share the information when it is received,” Bokhari said, “we want to give [the information] but we can’t instruct the apex court; we can only request in our capacity.”

“It is regrettable that the state institutions adopt such attitude,” Pakistan Peoples Party (PPP) leader Naveed Qamar lamented while taking the floor after Bokhari.

“All the institutions, including judiciary, army, government, work under the constitution,” Qamar said, adding that not replying to an innocuous question and to say that “we will not give answers” was inappropriate.

Referring to the number of letters already written, he predicted that the answer won’t come. “You will have to establish the write of the state,” Qamar asked the NA Speaker Asad Qaiser, saying to whom the information will be given if not to the parliament.

“If Supreme Court gives an order and the parliament says that we don’t accept that then that would be appropriate,” Qamar said while explaining what happens when such an attitude is adopted. Under the constitution, he said, the questions asked by the parliament should be answered. He subsequently urged the speaker to intervene in the matter and take it to a logical conclusion.

“I will talk to the Attorney General on this matter; he should take up the issue with the apex court,” Qaiser replied before giving the floor to the Adviser to Prime Minister for Parliamentary Affairs, Dr Babar Awan.

“Principally the respected member is right that all the institutions should be accountable and provide answers,” Awan agreed, saying “right to information is fundamental right after 18th amendment,” Awan asked the speaker to convey the sense of the House to the attorney general as well as the registrar Supreme Court and ask the registrar to answer these questions.

The Supreme Court and the Federal Judicial Academy have not sent answers to the questions from February 2020 till August 2021, Aurangzeb quipped, adding “I am hopeful that the answer to my questions will come during the tenure of this assembly.”