PML-N broadsides judges for violating Constitution
• Senator Irfan Siddiqui says detailed judgement in reserved seats case compounded problems instead of fixing them
• Terms constitutional court necessary to clear Supreme Court’s backlog
ISLAMABAD: The ruling PML-N on Wednesday came out all guns blazing against the superior judiciary, accusing judges of transgressing their jurisdiction and violating the Constitution of Pakistan through their judgement in the reserved seats case.
The criticism came against the backdrop of a judgement, authored by Justice Mansoor Ali Shah, in which he espoused the concept of ‘complete justice’ to dole out reserved seats to the PTI, besides censuring the Election Commission of Pakistan for becoming a party in the case.
The verdict also declared 80 MNAs who had joined the Sunni Ittehad Council as members of the PTI.
During a wide-ranging press conference, PML-N leader Senator Irfan Siddiqui said the top court declared the SIC members as the PTI MNAs even though that was not the case in the Supreme Court or any forum, such as the ECP. The judgement nullified Articles 239(5) and 239(6). He went on to read both articles: “(5) No amendment of the Constitution shall be called in question in any court on any ground whatsoever; (6) for the removal of doubt, it is hereby declared that there is no limitation whatever on the power of the Majlis-e-Shoora (parliament) to amend any of the provisions of the Constitution.”
“If we violate the Constitution you rectify us, but when the judiciary violates it, then what option will be left for us,” he asked. The senator said the ECP had already given its decision that no reserved seats would be allotted to the SIC, adding that the Supreme Court’s majority decision had not resolved the issue but made the situation further complicated.
According to Senator Siddiqui, the returned candidates, have to submit a certificate stating their party affiliation within three days. “Under this, 80 MNAs declared them as members of the Sunni Ittehad Council and therefore they cannot switch their party,” he added.
Parliament and the Constitution, he said, would reign supreme, he said, telling the PTI that there was no room for politicking on national issues. “Parliament is a supreme forum to enact necessary legislation for streamlining the system,” he added.
“It is the Constitution, which we made, that made you (judges). Under which your salaries and perks are given,” he asked the judiciary. It was also the prerogative of the parliament to make laws for the smooth functioning of the state, he said. To a query, he said the PML-N had full regard for the judiciary and it also believed in the freedom of expression.
The senator also touched upon the constitutional package which among other things envisages a constitutional court. He said the government was adamant to establish a constitutional court in the country to cater to the backlog of over 60,000 cases in the Supreme Court. It may be noted that the government could not table these constitutional amendments last week despite hectic efforts.
Senator Siddiqui recalled that it was the PTI, which in the past had attacked and disrespected the institutions, including parliament and Pakistan Television (PTV). They had even not spared the security institutions, he added. They abuse everyone, including the judiciary, the Election Commission of Pakistan, and the chief of army staff, he claimed. The party had indulged in such activities which ultimately damaged the country’s solidarity and integrity, he said.
He said the PTI government had registered fake cases against innocent people during its tenure. Former prime minister Nawaz Sharif and Punjab Chief Minister Maryam Nawaz had faced bogus cases during the PTI government.
The PTI leaders, he said, were habitual of using non-parliamentary language against their opponents. “Their party workers were involved in the May 9 riots, who disgraced the martyrs’ monuments and security installations,” he added.
Published in Dawn, September 26th, 2024