Vacuum if MPs’ body abolished: SC

ISLAMABAD: Supreme Court (SC) judge Justice Jawwad S Khawaja said if the parliamentary committee on judges’ appointment was abolished, a new vacuum would be created.A 17-member full court bench of the Supreme Court (SC) headed by Chief Justice (CJ) Nasirul Mulk took up for hearing petitions filed against the 18th and 21st constitutional amendments on Thursday.
Justice Khawaja said that it was difficult for the judiciary to go outside the Constitution. A new vacuum would be created if the parliamentary committee on the appointment of judges was abolished. The judiciary had to see matters within the ambit of the Constitution. Nothing could be put in or taken out of the Constitution on someone’s bidding. No distinction had been made there in what articles of the Constitution parliament could amend or not amend.
Justice Saqib Nisar said that the points of the Objective Resolution delineated the features of the Constitution. How could they nullify the constitutional amendment on this count, he asked.Justice Asif Saeed Khosa said if the executive did not discharge its obligations, the judiciary could invoke Article 184(3) of the Constitution in case the fundamental rights were breached.
Petitioner Hamid Khan said that protection had been provided to the judiciary in the foreword of the Constitution.“Parliamentary Committee runs contrary to independence of judiciary and norms of parliamentary system,” he added.
He further said, “Judiciary is pillar of state of Pakistan. The system of the country is divided into two parts. In one part falls the judiciary and in second part executive and legislature fall.”The concept of state is there in the Constitution and judiciary is not included,” he said and added, “Politicians are no so mature that they could understand the matter of appointment of judges.”The hearing of the case was adjourned till May, 12.