NA slams SC’s pre-emptive strike

Resolutions condemn larger bench’s ruling; demand dam fund amount be deposited in national kitty


Waqas Ahmed April 15, 2023
PHOTO: TWITTER/ @NAofPakistan

ISLAMABAD:

The National Assembly on Friday unanimously approved separate resolutions, condemning the decision of an eight-member bench of the Supreme Court and demanding of the apex court to deposit the amount collected from the dam fund in the national kitty.

During the session, two separate resolutions were moved by Pakistan Peoples Party (PPP) member Ali Musa Gillani and Pakistan Muslim League-Nawaz (PML-N) lawmaker Kesoo Mal Kheeal Das.

According to the first resolution, the house condemned the Supreme Court larger bench’s order on Thursday which stated that Supreme Court Practice and Procedure Bill would not take effect until further court notice.

The resolution said that the order of the eight-member bench was contrary to the Constitution and the law, adding that issuing the stay order against the implementation of the judicial reform bill was interference in parliamentary affairs.

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Terming the court order “another dark chapter in the country’s judicial history”, the resolution vehemently rejected “the aggressive attempts of the Supreme Court” to take away the constitutional authority of parliament to legislate.

The resolution stated, “Neither this authority [of enacting legislation] can be usurped nor interfered with. Nobody is allowed to interfere in the affairs of the other.”

It said, “Parliament has all the powers to approve or disapprove budget, financial bills, economic matters and the release of resources. No one can take away, suspend or revoke this power of parliament.”

The resolution stated that by conducting hearing of the petitions against the Supreme Court Practice and Procedure Bill, even before its coming into force, “a controversial one-sided eight-judge” had set an unconstitutional tradition.

“This process itself is proof of undue haste. Therefore, it cannot be recognised as a valid order or decision in accordance with the Constitution, the law and the prevailing procedure of justice,” it added.

The resolution asked the federal government to carefully review this serious constitutional violation and take steps in accordance with the Constitution and the law for its rectification. The resolution was approved unanimously.

The resolution regarding the dam fund stated that former chief justice Saqib Nisar had set up the fund. In January, the apex court was informed that Rs16.53 billion was lying in the fund, which would increase to Rs16.98 billion in the next quarter.

The resolution demanded that the money collected in the fund be deposited in the national treasury and that these resources be utilised for the relief and rehabilitation of the victims of the catastrophic floods last year.

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