Can’t force parliament to legislate: CJP

ISLAMABAD: Chief Justice of Pakistan (CJP) Justice Mian Saqib Nisar on Wednesday observed that the apex court cannot force parliament to legislate but can point out flaws in any law.

The chief justice, while heading a three-member bench of the apex court, hearing a suo moto case regarding illegal transplantation of kidney, observed that illegal transplantation of kidneys was a great evil, adding that people involved in this business are not human beings but wolves.

The CJP questioned as to what effective measures could be taken to eliminate this cancer. Appearing on notice, Professor Dr Mirza Naqi Zafar of Sindh Institute of Urology and Transplant informed the court that the surgical procedures for illegal transplantation of kidneytake place at hidden places. He submitted that there is no authority either at national or regional level that could curb this practice. The additional attorney general, however, when told the court about the existence of authorities in Punjab and Khyber Pukhtunkhwa, Dr Naqi contended that such authorities are powerless. The CJP asked Dr Naqi Zafar as to whether he has examined the federal and provincial laws pertaining to transplantation of kidney. “If the laws are available then there was no need to further legislation but such laws have to be implemented in letter and spirit,” the CJP said. Mirza Naqi told the apex court that there was still lack of awareness amongst people about organ donation adding some people think that human organs cannot be transferred.

Justice Saqib said that it is necessary to know as what are those organs that can be transplanted. Dr Naqi said that still there are people who want to donate their organs. Meanwhile, the CJP asked Dr Naqi to submit recommendations for curbing process of illegal transplant of kidney by March 15 with the ruling that next hearing will be held on March 17 at Supreme Court’s Karachi Registry.