PM, ruling alliance denounce ‘judicial coup’

ISLAMABAD:

Prime Minister Shehbaz Sharif vowed on Tuesday there would be no compromise on the supremacy of the Constitution and parliament, regretting that the Supreme Court’s decision, nullifying his son, Hamza Shehbaz’s re-election as Punjab chief minister, dealt a blow to the expectation of masses.

Following the apex court’s judgment, the prime minister said that the formation of the full court was crucial for judiciary’s reputation as justice should not only be done but also seen to be done.

Shehbaz said that the Constitution had delegated powers to parliament, executive and judiciary, adding that it had mandated all the institutions to work within their specified limits. “No institution can interfere with the authority of another,” PM Shehbaz tweeted, “There will be no compromise on the supremacy of the Constitution and Parliament.”

The Pakistan Muslim League-Nawaz (PML-N) leadership reacted strongly to the Supreme Court’s verdict declaring Hamza Shehbaz’s re-election as Punjab chief minister null and void. Party’s Vice President Maryam Nawaz termed the ruling a “judicial coup”, saying the PML-N won’t accept the “murder of justice” in the case.

Maryam’s father, the three times former premier Nawaz Sharif, also decried the apex court’s decision, saying the top court’s ruling had turned Pakistan into a spectacle.

Hamza, the PML-N-led alliance’s candidate for Punjab top slot, also rejected the court decision, saying that the principle of neutrality was thrown out of window by rejecting the request for the full bench.

Hamza said that the continuation of the Panama decision – the judgment which led to Nawaz Sharif’s ouster from premiership – was no justice at all. He said that “his politics was, is and will remain for service of the people and not for positions”, adding the decision was the next step towards winning and not losing.

“Judicial Coup,” tweeted Maryam minutes after the top court’s decision. “Pakistan has been turned into a spectacle,” her father tweeted, following the court ruling. Sarcastically, he saluted to the three judges.

Pakistan Democratic Movement (PDM) President Maulana Fazlur Rehman also said that the “Supreme Court has committed judicial murder of democracy”. While criticising the three-member bench of the top court, the PDM chief said that just like martial laws, the “judicial coup” would not be accepted.

 

The government’s spokesperson Marriyum Aurangzeb said that the Constitution was being interpreted on the basis on personal preferences, adding that the decision was akin to a “judicial coup” and would push the country further towards instability, anarchy and division.

PPP-Parliamentarians Information Secretary Shazia Marri called the apex court verdict “disappointing and regrettable”. The minister said that courts make decisions according to the law and justice and not according to conscience. It seemed that the “judiciary is writing a new Constitution.”

Marri, also the poverty alleviation minister, said that the supremacy and powers of the parliament were being attacked from inside and outside and, “today the institution of justice has done injustice with coalition government.”

PML-N leader Khawaja Saad Rafique said that the court decision was against the Constitution and justice, saying the PDM and the coalition parties “reject the decision”. The legitimate demand of the full court was rejected, Rafique said, adding that the decision “will increase instability” in the country.

He regretted that the struggle for the independence and impartiality of the judiciary could not be successful, stressing that fundamental changes were needed in the judicial system. “Without the formation of an independent and impartial judiciary, Pakistan cannot move forward,” he tweeted.

Judges’ appointment

Senior PPP leader Farhatullah Babar urged the parliamentarians to revisit as well as ban the post-retirement appointments of judges, emphasising that the parliament must assert itself as the post-retirement job of a judge could influence pre-retirement judgments.

The PPP stalwart, whose different tweets on the subject were retweeted by PPP chairman and Foreign Minister Bilawal Bhutto Zardari and PML-N’s Maryam Nawaz, had also pointed out that institutions were getting polarised, which was dangerous than being unfortunate.

In a series of tweets, former PPP senator Babar pointed out flaws in the judges’ appointment process, how parliament erred in the past, regarding the issue and how the lawmakers could move ahead to restore balance of power instead of just grumbling.

In addition, the PPP leader’s tweet said, a new political philosophy was in the making, putting the Constitution over parliament, shifting power from the elected to the unelected. “Wake up,” he urged the parliamentarians.

“Ban the appointment of judges after retirement because the expectations of a post-retirement job by a judge can influence his pre-retirement judgments,” Babar tweeted. Step by step, methodically and with respect, he added, the parliament must assert itself.

Babar said that a takeaway from the current dismal situation was: “The malaise of disunity and in-fighting is creeping into other august houses and is no longer confined to Parliament House and politicians,” adding: “Society & institutions are getting polarised. More than unfortunate it’s dangerous.”

The PPP leader pointed out that the “parliament erred” when it didn’t insist on the procedure of appointment of judges in 18th Amendment and bending over backwards adopted 19th Amendment, which too was further diluted by judicial oversight. “If experience of last 12 years is a guide,” Babar stated, “revisit procedure of Judges’ appointment”.

With respect, he maintained, the existing system of appointments and elevation of the judges “risks making judiciary of judges, for judges, by judges.” He said that this perception must not be allowed to gain strength. He urged everyone to heed to Justice Faez Isa’s latest letter, which he termed “a crie de cour” – a passionate appeal, complaint, or protest.

“Parliamentarians/PDM,” he tweeted, “if you really care about restoring balance of powers then read Art[icle] 191 and act decisively. Or stop grumbling.” Article 191 states: “Subject to the Constitution and law, the Supreme Court may make rules regulating the practice and procedure of the court.”

Babar also pointed out that a new political philosophy was in the making: “Constitution, not parliament, is supreme and Constitution is not what’s written in it but what the SC says it is,” he wrote. He urged the parliamentarians to wake up and think about it as “massive shift of power [was] taking place from elected to unelected.”