“We respect the Parliament which comprises sane people, for they have not approved the November 3rd acts,” Justice Chaudhry said referring to the unconstitutional steps taken by former military ruler Pervez Musharraf in 2007.
“Our Parliament is no less than any other parliament in the world, we respect it, our parliamentarians are capable and of good character and possess all the good traits which other parliamentarians of the world have,” he remarked while hearing challenges to certain parts of the 18th amendment. Attorney-General (AG) Maulvi Anwarul Haq apprised the 17-judge larger bench of the apex court that Senator Raza Rabbani, the head of the constitutional reforms committee, has decided not to appear before the court in the case.
Haq read out a letter from Senator Rabbani to the bench. “Since the court has not summoned me, I’ve decided, after consultation with friends, not to appear before the court,” the letter read. To this, Justice Chaudhry said he (Senator Rabbani) was made a party in the case, but if he was not willing he may not appear in the court.
Senator Rabbani’s letter further read,“Advocate Akram Sheikh had argued that what is the need for judicial review when the court cannot scrap any of the amendment.” It said the constitutional committee did not feel the need to consult the chief justice on Article 175-A. Rabbani pleaded that Article 175-A should be struck down as it was contradictory to the basic structure of the Constitution.
Advocate Sheikh admitted that he had requested in a letter to PML-N chief Nawaz Sharif to refrain from making such amendments which were against the basic structure of the Constitution as they could be nullified by the court.
Senator Rabbani has been made respondent in three petitions and he was served notices according to rules and regulations, the chief justice observed, adding that the federation’s attorney Waseem Sajjad himself informed the court during the proceedings that he wanted to appear before the court in this case. “It’s up to him, if he wants to appear we welcome him,” he added.
“There is no bar on him whether he wants to appear or not and it does not even affect the Supreme Court,” Justice Ramday observed.
While presenting a rebuttal, Advocate Rasheed A Rizvi said the basic structure is the integral part of the constitution. “The Parliament is the creation of the constitution or the constitution is the creation of the Parliament” Justice Javed Iqbal asked Rizvi.
When the question arises whether the constitution or the Parliament is supreme, it is said the constitution, Justice Chaudhry remarked.
The constitution empowers the Supreme Court o to review the amendments, Justice Ramday said. The court adjourned directed Rizvi to complete his arguments till Thursday (today). Further hearing was adjourned till Thursday.
Published in The Express Tribune, September 30th, 2010.
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