Freedom of judiciary is supreme: SC

ISLAMABAD: The Supreme Court (SC) on Monday observed that the independence of the judiciary had supreme value and asked how the apex court could declare the 18th Amendment to the Constitution null and void.
The remarks were expressed as a 17-member apex court bench, headed by Chief Justice Nasirul Mulk, resumed the hearing of the 18th Amendment and 21st Amendment.The apex court observed that the Constitution has a basic structure which must be protected in any case.
Justice Ijaz and Justice Azmat remarked that parliament has the right to amend the Constitution but it must be observed if parliament had absolute authority in this regard. They said that such legislation, which is in contravention to the basic structure of the Constitution could not be carried.
Justice Ejaz Afzal Khan observed that though the basic structure was not being protected through any provision of the Constitution yet historically, the basic structure which must be protected in any case.
Referring to the several constitutional amendments, Justice Ejaz said this showed the amendments were done time to time for the restoration of the basic structure.Further, the chief justice questioned how the parliamentary committee on judges’ appointment was violating the independence of the judiciary and if a constitutional amendment could be struck down.
Hamid Khan, counsel for several bar associations, contended that the parliamentary committee had not only violated the independence of judiciary but also opposed the separation of power as well.Justice Asif Saeed Khosa said before the passage of 18th amendment, the parliamentary committee, which was constituted to propose constitutional amendments, had admitted that the Constitution had a basic structure and they were working for its restoration.
However, he said on one side, the parliamentarians were working for the restoration of basic structure but, on the other, they were being accused of violating it.The hearing of the case has been adjourned till Tuesday.