Right to amend Constitution rests with public reps: SC

ISLAMABAD: The Supreme Court judge, Justice Jawwad S Khawaja, on Monday remarked that the apex court could not amend the Constitution as this right rests with the public representatives.
The remarks came as the 17-member full bench of the apex court, headed by Chief Justice Nasirul Mulk, resumed hearing into the case filed by different bar associations of the country against the 18th and 21st constitutional amendments.
Expressing displeasure at the non-filing of trial record of persons sentenced to death by the military courts, the chief justice directed the Attorney General for Pakistan (AG) Salman Aslam Butt to file the record within 24 hours.
Justice Jawwad S. Khawaja remarked: “No separate methodology can be adopted to run the system of life. The Constitution has conferred powers on all the institutions, including the government, and no institution can exercise this power contrary to the will of the people and the Constitution. The preface is formed after the British law is implemented but with us the matter is something else.”
Justice Asif Saeed Khosa asked if a military court could try civilians who crossed the border inadvertently. Justice Sarmad Jalal Usmani remarked: “If civilians come here from the other side and go other side from here even then they will not be court-martialled.
Justice Ejaz Chaudhry remarked: “The SC’s 17-member bench needs no judicial precedence. It is fully entitled to give decision of every kind.”The AG took the plea that the law which came into existence by two-thirds majority cannot be nullified by the court with one stroke of the pen.
“The court has accepted in Ziaur Rehman case that the judiciary cannot nullify a constitutional amendment. The judiciary is not above the Constitution.”He further argued that preface to the Constitution was not supreme. “If the SC’s decision is beyond its mandate then even it is not binding on a civil judge to accept it.”
Justice Jawwad remarked: “This principle will be applicable to Parliament too.”The AG said the accused that go against the defence of the country will be tried in a military court.“Those who belong to the enemy country and are arrested will too be court- martialled.”
Justice Sarmad Jalal Usmani remarked: “Civilians cannot be court-martialled.”The AGP said the Sindh High Court (SHC) had acknowledged that Majlis-e-Shoora is authorised to make amendments.
“The judiciary is neither authorised to make an amendment to the Constitution nor can it declare it void. The judiciary can only interpret it. Parliament manifests the aspirations of people. As per Sheikh Liaquat Hussain case three kinds of trials have been talked about — the army personnel, those connected with the army and those linked to the defence of Pakistan — and all can be tried in military courts,” he added.
The chief justice remarked: “You have not filed the record of trial by military courts so far. File them till Tuesday. The hearing of the case was adjourned till today.