AGP says parliament has given independence to judiciary, but not rescinded its right to legislate
The Supreme Court has reserved its decision on the applications against the Practice and Procedure Act. Chief justice of Pakistan Qazi Faez Isa said if a consensus is reached, the verdict will be pronounced, otherwise it will be reserved.
He further said the Constitution mentions “subject to law” at various places, adding the right to privacy is also kept subject to law. Article 191 does not take away the right of parliament to legislate, he argued. If parliament did nothing under Article 191 since 1973, it could mean that it accepted that the article did not allow for further legislation, Justice Muneeb Akhtar remarked. The chief justice of Pakistan said subject to law could also mean judgement law. Maybe parliament maintained these words this way for further legislation.
Justice Muhammad Ali Mazhar asked if after the formation of the Supreme Court rules the word “law” in Article 191 ceases to exist. The AGP said Article 191 does not place any bar on parliament for amendments. “If there are mistakes in the Supreme Court, they are there with parliament too,” the judge commented.
No matter how many types of laws there are, the matter ends if there is an Act of parliament, Justice Shah remarked. “Why should negative things be linked to parliament?” asked the CJP. “Live and let live. Don’t pitch institutions against each other.” The AGP then said parliament can legislate directly to extend the jurisdiction of the Supreme Court. Justice Shah remarked that parliament can expand the powers of the Supreme Court, not reduce or eliminate them.
He further said that the only question before them was whether the Practice and Procedure Act was constitutional or not. If it became unconstitutional, it will not remain maintained, he added.
پاکستان تازہ ترین خبریں, پاکستان عنوانات
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