Lawyer and politician Aitzaz Ahsan has said that in some matters the judiciary is stepping out of the constitution and is getting too much independent.
“The activism of the Supreme Court is one-sided and is not even-handed,” he said talking to the BBC on Tuesday.
He said that in the coming elections, PPP will not only win, it will also be able to form a government because President Asif Ali Zardari has a lot of experience of making coalition governments.
“Judiciary is independent, it is too much independent, actually it is getting free of the constitution in some matters,” said Aitzaz.
The parliament can make an amendment to the constitution with a two-thirds majority and it cannot be challenged in court. He said that the stand Chief Justice Iftikhar Muhammad Chaudhry took against Gen Pervez Musharraf strengthened the judiciary, but later events prompted comments about the judiciary.
He said that disqualifying Yousaf Raza Gilani was a wrong decision. He said that what was used to disqualify Gilani, was not a matter of disqualification; it was rather an issue related to the area of judiciary’s authority. He questioned as to how the court could ask to run a case against the president in a foreign court, while the constitution clearly gives him immunity.
Aitzaz said that the stance taken by the Chief Justice in his speech that the judiciary can stop parliament from constitutional amendments is contrary to the Supreme Court judgments. He said that the Supreme Court can review the amendments made with simple majority for any discrepancy with any article of the constitution, however, an amendment made with a two-thirds majority cannot be challenged in the court.
He said that some of the recent Supreme Court judgments have eliminated any possibility of the martial law and, therefore, there is no chance of the military taking over the reins in the future.
Aitzaz Ahsan said he has no regrets for (taking part in) the movement for the restoration of Iftikahr Muhammad Chaudhry as Chief Justice and the judiciary. He said that it was a movement for the victory of the people. Aitzaz, in 2007, had successfully represented the case of chief justice Iftikhar Muhammad Chaudhry, followed by his arrest by the former president Pervez Musharraf.
Published in The Express Tribune, August 8th, 2012.
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Wow, this guy is speaking Zardari's words. He forgot the only reason he got here was because of the love Pakistanis gave him due to CJ.
Oh well. Evil company makes people evil.
Enjoy reaping the benefits of the corrupt govt while it lasts mr. Aitzaz.
Aitzaz beta you should have challenged the ruling family of PPP, and made the party democratic itself. Dont ypou think this is your own failure to convince others to revolt against family politics inside PPP?
Good you realised that, I wonder what were you thinking when driving CJs car and throwing out Musharaf
To me appears rationale and sensible what Aitazaz is saying. Very soon many will join their voices to his voice. Well done Mr Lawyer and keep on speaking the truth.
Trying to please his Boss who was annoyed with him after losing NRO case, worthless jiyala.
This is not the only matter in a long list of the problems ; which our country and the people are facing now a days.Why not a settlement to be arranged by the other pillars of this state between judiciary and government' for saving the nation?
Aitzaz is losing its business.
There is nothing called "too" when it comes to independence. "Independence is and should be infinite else its not independence". Mr. Aitizaz, you simply cannot require the SC to be independent in some aspects and 'occupied' in the others. This hypocrisy has to come to an end now.
Finally you realise Aitzaz Ahsan: see for yourself what you have thrust upon the people of this nation in the name of justice.
Aithzaz can naturally not say that he regret that he represented Ch. PCO, but I can say what he can't. I regret that I trusted PCO CJP, I regret that I defended Ch. PCO in discussions for hours, I regret the moment when CJP was reinstated and I thought that we are on the way to build a strong democratic polity, free of hegemony of the high quarters including Supreme Court. I regret but Aitzaz wont...
"He questioned as to how the court could ask to run a case against the president in a foreign court, while the constitution clearly gives him immunity"
So when the Judge asked to get an interpretation on the immunity law, why wasn't it filled?
I think this man has sold every bit of honesty and integrity to Mr Z. Shame is a small word to say. Just take it maximum....
Dear Mr Aitzaz, you lost your moral high ground when you went for NRO case for just a senate seat.