Parliament won’t surrender its authority, govt comes up with clear stance

The Nation  |  May 03, 2023

In NA, defence minister Kh Asif says SC attempting to hinder govt from completing five-year term n Judiciary should be made accountable for its all decisions including ex-PM Zulfikar Ali Bhutto's case and disqualifying two ex-chief executives Nawaz Sharif and Yousuf Raza Gilani from holding public office.

 

ISLAMABAD    -    Minister for Defence Khwaja Muhammad Asif in Tuesday’s National Assembly in a clear message to the Supreme Court remarked that parliament would not surrender its authority and judiciary should be made ac­countable of its history.

He also claimed that the Su­preme Court is attempting to prevent the federal government from completing its term.

The minister’s remarks came hours after Chief Justice of Paki­stan Umar Ata Bandial instruct­ed Attorney General for Pakistan to provide copies of Parliament’s proceedings regarding the Su­preme Court (Practice and Pro­cedure) Bill 2023, which cur­tails the powers of the top judge, to understand lawmakers’ con­cerns. “Parliament is the su­preme institution and being de­fender of the Constitution will not allow any extra-constitu­tional step,” he said, terming the CJP's demands as trespass.

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“The Supreme Court has sought proceedings of this house which are not hidden from any­body,” the minister said, men­tioning that we should provide the court with the proceedings but the parliament should also seek records of their matters.

The defence minister demand­ed a historical record of judg­es and their actions since Paki­stan’s creation to be made public. “The proceed­ings of the House are shown on TV, but the ju­dicial proceedings are not. We respect the Su­preme Court. If the Supreme Court needs the minutes of Parliament’s proceedings, we will provide them, but the Speaker should also re­quest the record of judicial proceedings from the Supreme Court,” he said.

The minister said that the judiciary should be made accountable for former prime minis­ter Zulfikar Ali Bhutto’s case and disqualifying two ex-chief executives Nawaz Sharif and You­suf Raza Gilani from holding public office. Go­ing into the past political history of prime min­isters, the PML-N senior MNA said that former PM Nawaz Sharif stepped down as the prime minister in July 2017 after being disqualified from holding public office by the top court. He was disqualified for failing to disclose his un-withdrawn receivables constituting assets from UAE-based Capital FZE in his nomination papers for the 2013 general elections. The top court, in June 2012, had disqualified PPP’s Yu­suf Raza Gilani as prime minister. He said the trend of disqualifying the prime ministers of the country should be ended now.

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“We should protect our prime ministers irre­spective of his political affiliation,” he remarked.

“We are holding talks with PTI but it does not come in the precinct of the court to dictate us for holding negotiations,” he said adding that it was not written in the Constitution to ask for conducting dialogue.

The minister in his hard-hitting speech said that a house committee should also be consti­tuted to examine the cases decided by the judi­ciary in the past. The facts should come before the masses, he said.

The minister called for unity among all par­ties in defending the Parliament, emphasising the importance of the mandate of elected repre­sentatives in the country’s system.

“The people’s representatives reach Parlia­ment after winning millions of votes. There is no substitute for the mandate of the public rep­resentatives in this country’s system,” he said.

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Minister for Poverty Alleviation and Social Safety Shazia Marri said the Supreme Court should not interfere in the matters of the par­liament which is the mother of all institutions in democracy.

She said the judiciary should also understand the sanctity and respect of the parliament.

PAC Chairman Noor Alam Khan was of the view that no court can seek proceedings of the parliament. He, however, said that the Public Accounts Committee has the authority to seek records of the accounts of courts and other in­stitutions. MNA from treasury benches Aslam Bhootani said that the house should not pro­vide its proceedings to the Supreme Court. He said we respect the court but it should also re­spect the parliament.

The house also adopted a motion authorizing the Speaker to constitute a special committee to investigate into the recent audio leak of the son of former Chief Justice of Pakistan Saqib Nisar.

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The audio recording purportedly features Na­jam Saqib demanding money from a PTI tick­et holder. The motion was moved by Shahida Akhtar Ali, who demanded the formation of a special committee to conduct a forensic anal­ysis of the audio and interview the persons speaking in it. The motion further stated that the investigating agency should also conduct an investigation of the audio.

The passing of this motion comes after the leaked audio recording caused a stir in the country’s politics.

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