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Tuesday March 19, 2024

Constitution above parliament: CJ

By News Desk & Sohail Khan
February 21, 2018

ISLAMABAD: Chief Justice Saqib Nisar on Tuesday described the parliament as supreme, but said the Constitution is above that and has set the limits. Any legislation found in contravention of the fundamental rights of citizens or in violation of the Constitution could be struck down, he added.

A three-member bench headed by the chief justice and comprising Justice Umer Ata Bandial and Justice Ijaz-ul-Ahsan resumed hearing of the media commission report case. During the proceedings, the bench interacted with the petitioner as well as the government functionaries on the issue of independence of Pakistan Electronic Media Regulatory Authority (Pemra).

The chief justice said it was conveyed the other day that the court could not intervene in the process of legislation. “But I reiterate in front of senior media persons that the parliament is supreme but there is a Constitution above it, which has prescribed our limits,” the chief justice said. He said the parliament has the authority to legislate but it could not be in violation of the Constitution, adding the Constitution empowered the judiciary to annul the same.

The chief justice said any legislation made by parliament and found in contravention of the fundamental rights of citizens could be struck down in accordance with law. “We will not transgress our authority unless any provision of the Constitution relating to fundamental rights of citizens is violated,” the chief justice remarked.

Chief Justice Nisar said he was not bound to give an explanation, but added during an interaction with the parties, questions prop up on a particular issue. “We have respect for the leadership but there is qualification and credentials which would always be relevant for the purpose of deciding an issue regarding a person being a head of the party or otherwise,” he said. The chief justice said the question and the issue should not be confused or misinterpreted by anyone as there is no intention of maligning anyone or causing disrespect in any manner.

“And if such a question is raised in this regard, would it be considered as maligning someone,” the chief justice questioned, adding they would remain silent if it was the case. The petitioner, Hamid Mir, however, submitted that the chief justice had not named anyone, saying some people were bent upon making it an issue and hence the chief justice should not take that into account. “By no means, we are giving any explanation nor we are bound to give explanation. We are also not scared but the power given to us by Allah and Constitution will be used with full authority,” the chief justice remarked.

He said the court did not believe in observations but interaction with the parties during adjudication of a matter, which was misreported in the media, caused misconception. Prime Minister Shahid Khaqan Abbasi the other day strongly criticised the superior judiciary for labelling the elected representatives as “thieves and looters” and also asked for a debate in the House on whether the government has the right to take legislative decisions.

Meanwhile, the court granted 10 days to the information secretary to file a concise statement about the steps taken for the independence of Pemra. It also directed BOL TV Chief Executive Shoaib Sheikh to submit his reply relating to the payment of outstanding salaries of his former employees within a week. Similarly, the court also issued notices to 13 media house owners to submit details regarding payment of salaries to employees in 10 days.

The chief justice had taken notice on an application moved by Tayyab Baloch, President Press Association of Supreme Court. He had informed the court that media workers had to work without salaries for months and no service structure exists in the electronic media houses.