ISLAMABAD:
Parliament and not the apex court is the supreme institution of the country since it represents the will of the people, says the federal information minister.
“There is no doubt that the Supreme Court is the apex court in the country, but when we talk about supreme institution, parliament is the supreme institution as per the Constitution,” Qamar Zaman Kaira told journalists on the sidelines of a function on Tuesday.
“It is parliament which has the power to make, amend or abrogate the Constitution. Similarly, parliament has the right to abolish any institution. In fact, parliament is the mother of all institutions,” he added.
On Monday, statements by Chief Justice Iftikhar Chaudhry and Army chief Gen Ashfaq Parvez Kayani created media hype as television anchors and analysts started talking about a possible confrontation between the two institutions.
Kaira, however, rubbished such speculations, saying both institutions not only made positive statements, but also addressed some key “complaints and grievances”.
Gen Kayani’s speech took place two hours before Justice Chaudhry’s and that there was nothing in the statements of both “against each other”, according to Kaira.
“It is fair to say that the whole institution should not be maligned for an individual’s act,” said Kaira in an apparent endorsement of Gen Kayani’s statement. At the same time, it is also right to ask for every institution to work within its limit, he added.
In his Monday’s speech, Gen Kayani said that for the wrongs of individuals whole institutions should not be maligned. Analysts believe Gen Kayani was referring to the Asghar Khan case where the apex court ruled that two former generals had funded politicians to manipulate the results of 1990 elections.
On the other hand, Information Minister Kaira said that it was also not appropriate to hold “media trials” of anyone, particularly politicians.
“We (the politicians) are the most vulnerable. From media trial to court cases, we face everything when we are accused only to be proven innocent in the end,” said Kaira.
Referring to the army’s current attitude towards politicians, Kaira said even though the present approach was “okay”, in the past it was the army that simply removed civilian governments at an individual’s will.
“People come and go, institutions are not built every day,” said Kaira, adding that institutions should be allowed to work and grow uninterrupted.
Aitzaz rules out conflict
PPP Senator and former president of the Supreme Court Bar Association, Aitizaz Ahsan echoed Kaira’s sentiments saying that he did not see any confrontation between the state institutions.
He, however, added that the Constitution does not allow the chief justice and the army chief to give political statements.
Talking to the media outside the Lahore High Court on Tuesday, Ahsan pledged that the legal fraternity would resist any unconstitutional move by anyone. Anti-democratic forces are attempting to weaken democracy in the country, he added.
About the Supreme Court’s interim order in the Balochistan law and order case, Aitzaz said if he were the chief minister he would have asked the apex court to run the government for the remaining period.
Published in The Express Tribune, November 7th, 2012.
COMMENTS (9)
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Who made General Asad Durrani Ambassador to Germany in 1994? Who made General Asad Durrani Ambassador to Saudi Arabia in 2000?
All this needs to be probed and culprits, whether alive, dead or absconded, must be brought to Justice.
People, its the constitution of Pakistan and not India. In india a rajya sabha member can become prime minister while in Pakistan a senator cannot. This is just a little difference and there are numerous. So stop comparing. You can only compare civil law and that only with uk as your civil law originates from there.
Secondly as per Article 238 and 239 of Constitution Only Parliament can ammend constitution. And 239(5) states No amendment of the Constitution shall be called in question in any court on any ground whatsoever.
So This makes Parliament Supreme as this is the will of the people. Kaira is always right.
Mr. Kaira, there is no prefix"SUPREME" before Parliament but there is before Court.!!!!!!!!!!!!!!!!
why dont they understand the simple thing that only Constitution is supreme and nothing else.
At least as per my understanding of Indian constitution, even parliament can not enact a law that is against core of our constitutional provisions and in that case Supreme Court of India can refuse to accept such a change in our constitution. For example, if any parliament having a 67% majority in Lok Sabha & Rajya Sabha plans to enact a constitutional change that will only allow India's Hindus to vote, our Supreme Court can reject such a constitutional change as it is against core of our constitutional provisions.
Imagine? No, very real that a bunch of matriculates, dual nationals, fake degree holders, get to decide that 'they the chosen'ones are supreme to the Supreme Court
Senators are cautious in their wordings and are in a process of reconciliation . If the Top Generals, say the leader/ commander of the army indulged in activities which is beyond their domain and jurisdiction it can not be termed as the act of individual. Army is actively engaged in political activities (Former East Pakistan and now Baluchistan )and assume themselves as the sole savior of the national interest discarding the civilian Institutions.. Here it is not their intention rather wisdom ( to see every thing in their narrow perspective) poses a question mark. Their past and the mindset is to treat civilian as inferior in intelligence has led to General Kayani to such a speech before the Army officers. Such situations are very very unfortunate for a nation Apex court is doing great job but in their enthusiasm should refrain to go beyond their boundaries.
Whi is right? Qaira or Iftikhar Ch? Immagin, persons are fighting to be powerful,it means Pakistani Constitution is vague, cannot determined who has the authority, Please bring another Constitution and include Army as Stakeholder.