Supreme Court on trial in NA
Lawmakers from both sides of aisle in the National Assembly on Tuesday vehemently criticised the Supreme Court order of summoning the record of parliamentary proceedings, with Defence Minister Khawaja Asif demanding accountability of judiciary.
During the session, chaired by Speaker Raja Pervaiz Ashraf, Poverty Alleviation Minister Shazia Marri and Member of the National Assembly member from Balochistan Aslam Bhootani also offered a trenchant criticism of the judges.
Asif fired a broadside against the apex court’s order in which the court sought record of parliament and the relevant house committee regarding the bill about restricting the powers of the chief justice of suo motu cases and forming benches.
“Today, an institution is asking for the details of the proceedings of this house. Summon the proceedings, not once, but a hundred times,” he said, adding: “The government has respect for the judiciary but every institution should work within its constitutional ambit.”
“The court’s directives should be adhered to but the house should also seek details of the proceedings of that bench in which two judges earlier recued themselves but later included in it,” he added.
Asif called for setting up a special committee of parliament to examine the decisions of the superior judiciary since 1947. “The special committee should investigate the case of Zulfikar Ali Bhutto and disqualification of Yousaf Raza Gillani and Nawaz Sharif.”
Asif said that this practice of taking the heads of the prime ministers should end. They [Supreme Court] hanged Zulfikar Ali Bhutto. They deprived the parliament of two prime ministers [Gilani and Nawaz]. Nawaz Sharif was disqualified for life,” he added.
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He urged the lawmakers to ensure the protection of the elected prime minister. “The victimisation of elected prime ministers should end and all those who have violated the Constitution should be held accountable,” he added.
He termed parliament the supreme institution and defender of the Constitution and urged parliamentarians to unite for the dignity of the house by setting aside their differences. “Parliament will not allow any extra-constitutional move, or surrender its authority.”
Without mentioning the Pakistan Tehreek-e-Insaf (PTI), Asif said that a political party first got “facilitators in 2018, and now it has facilitators” again. “It is the prime obligation of this august house to act as a bulwark against any unconstitutional facilitation,” he said.
He said that it was not for the Supreme Court to instruct anyone to hold dialogue or hold meetings. “Nowhere is it written in the Constitution that their duties include imposing negotiations,” he said. “Use your powers within your constitutional limits.”
In his speech, Bhootani also endorsed the point of view of Khawaja Asif. “All the institutions should work in their domains and respect parliament for being the mother of all the institutions,” he said.
Stressing that the days of coercion were over, he said, “we are not talking about all judges”, but everywhere there were some bad people, who vitiate the whole society. “We are talking about judges, who are part of a party,” he added.
In a firm tone, he stated: “Now the elections will be held on time, who are they to ask question.” He then asked the judges: “Make yourself worthy of our respect.” He rejected any threat of contempt of court.
Federal Minister for Poverty Alleviation and Social Safety Shazia Marri said parliament was not responsible for the current political crisis but added that some people in the judiciary did not understand the articles of the Constitution.
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“Being the supreme institution, parliament cannot be dictated. Parliament does not want war with anyone but parliament will fully defend its rights. If any institution forgets the supremacy of parliament and the Constitution, we will remind it.”
She also raised the issue of a purported audio leak of the son of a former chief justice of Pakistan, in which he allegedly demanded money from candidates for party tickets for contesting the elections. However, he said that the audio leaks were regrettable.
Public Accounts Committee (PAC) Chairman Noor Alam Khan said that the proceedings of the house could not be shared with anyone. “No court can demand proceedings of the house,” he said, urging the members to stand up for the parliament’s sovereignty.
“The Constitution gives us the right to hold any institutions accountable. We have the authority to summon the principal accounts officer of any organisation. If you are so clean, come to us,” he added.
Moulana Abdul Akbar Chitrali of the Jamaat-e-Islami (JI) said that as per the Constitution, parliament was the supreme body. The Constitution, framed by parliament, has defined the domains of all institutions, he added.
In the meeting, Shahids Akhtar Ali of the JUI proposed the formation of a committee to investigate the alleged audio leak of former chief justice Saqib Nisar’s son. Her proposal was approved by the house.
Also, during the session, the speaker referred the Export Processing Zones Authority Amendment Bill 2023 to the relevant committee. Later, the session was adjourned until Wednesday (today) afternoon.