PM’s disqualification: ‘Pakistan’s top court has overstepped its bounds’

Chairman of Press Council of India – has claimed Pakistani SC, chief justice, been showing utter lack of restraint.

News Desk June 22, 2012

Former judge of the Indian Supreme Court Justice Markandey Katju has taken a dim view of the apex court ruling that disqualified Yousaf Raza Gilani from the premiership— asserting that a prime minister did not need a trust vote from the Supreme Court.

In an opinion piece written for The Hindu, Justice Katju – who is currently the chairman of the Press Council of India – has claimed that the “Pakistani Supreme Court, particularly its chief justice, has been showing utter lack of restraint. This is not expected of superior courts.” Substantiating his stance against the Pakistan’s highest court, he held that the language of the Pakistani Constitution with regards to this specific provision was clear.

He cited Section 248(2) of the Pakistani Constitution which states: “No criminal proceedings whatsoever shall be instituted or continued against the president or governor in any court during his term of office.”

He said according to the “principle in British constitutional law, almost every constitution in the world has incorporated a provision giving total immunity to presidents and governors from criminal prosecution”. He said this principle was central for the efficient working of a system. “I fail to understand how proceedings on corruption charges  can be instituted against the Pakistani president.”

“It seems to me that the Pakistani Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the court, and particularly its chief justice.”

Published In The Express Tribune, June 22nd, 2012.


Rabia | 9 years ago | Reply

If a person sees his/her own mistakes he/she would not commit them. However, the PCO SC judges have been using suo motu as weapon of mass destruction against the elected govt officials. They are interfering in every appointment by the executive and purely focused on political cases, while the real cases have been rotting for decades without any hearing.I know that judges in other countries want to keep a low profile but it is time that the top judges and lawyers from other countries come out and tell the truth. This is the best present friends and well-wishers of Pakistanis can award us. Thanks for a nice clean and easy to understand Op Ed for a great publication in Pakistan.

Vishnu Dutta | 9 years ago | Reply

Let justice chaudhary put his own son behind bars and then we will see. questions should be asked that why CJ didnt take action when he knew about his sons wrong doings since years. in any other country CJ would have resigned and presented himself for inquiry. its fine if you want to treat your CJ as a god, but the fact remains that he is human and as fallible as others. PS. didnt he validated a dictators rule as well. now he is on high moral grounds somehow.

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