Speakers call for scrutiny in judicial system

Speakers at the Breakout Session-II of the two-day International Constitutional Convention on Thursday stressed the need for a proper scrutiny process for the appointment and promotion of judges in the courts to ensure transparency in the judicial system, like in the rest of the world.

Chairing the Breakout Session-II on "Constitution of and the Courts-Interpreting Constitution, Protecting Rights and Freedoms," Minister for Poverty Alleviation and Social Safety Shazia Marri said that chaos was detrimental to the development of the country. She added that the 1973 Constitution clearly defined the role of every institution, including the judiciary.

Marri stated that the Supreme Judicial Council (SJC) in Pakistan was authorised to investigate any judge of the superior judiciary. However, she added that there was a need for public scrutiny of the judges to ensure transparency.

Recalling her party's struggle for the democratic process, the minister said that credit went to the Pakistan People’s Party (PPP) and its founder Zulfikar Ali Bhutto, who passed the constitution unanimously despite ideological and political differences with other parties.

She emphasised that she took an oath to follow, protect, and preserve the Constitution in its letter and spirit. Although there were interventions in the democratic system several times, the struggle for the democratic process continued, she added.

The minister observed that unfortunately, the founder of the constitution, Zulfikar Ali Bhutto, was murdered through a judicial order. She said that a leader like Benazir Bhutto could not be replaced, and the vacuum created after her death would not be filled. Benazir Bhutto was an iconic leader who lived in the hearts of millions of people, Marri remarked.

Speaking on the occasion, Dr Joseph Kizito Mhagama, member of parliament, United Republic of Tanzania, said that courts were responsible for interpreting the law in his country. There was a clear procedure for the appointment and promotion of judges, he added. He said that in Tanzania, people enjoyed freedom of speech and assembly, but special permission was required for holding processions, and the courts had no right to intervene in such matters.

Former Senator Safdar Abbasi said that three attempts were made to abrogate the constitution in Pakistan, including in 1977 and 1999, where elected governments were removed. Unfortunately, the judiciary validated the acts of dictators under the doctrine of necessity, he added. He said that after the landmark 18th amendment, they were forced to pass the 19th amendment.

Only the constitution was sovereign and supreme, and some kind of settlement was required between the judiciary and parliament to resolve various issues, including holding free, fair, and transparent elections in the country, he further said.

Zafarullah Khan said that the 18th constitutional amendment passed by the parliament was scrutinised twice. Appointment of judges was an important matter, and in the USA, Senate members used to scrutinize judges, he added.