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Thursday April 25, 2024

Executive answerable to parliament, not courts: IHC

By Obaid Abrar Khan
January 28, 2020

ISLAMABAD: Chief Justice Islamabad High Court (IHC) Justice Athar Minallah Monday said the executive was not answerable to courts but Parliament and the legislative body’s dignity should always remain supreme.

He gave these remarks while hearing a plea filed by the Pakistan Muslim League-Nawaz (PML-N) challenging the appointment of two ECP members. Justice Minallah remarked that credit went to Parliament for solving the issue of appointment of the Election Commission (ECP) members.

The federal government submitted to the court the implementation report on appointment of two new ECP members. The report states that members of EC from Sindh and Balochistan have been appointed as per court's orders. Nisar Durrani from Sindh and Shah Mehmood Jatoi have been appointed as members of the ECP. President issued a notification on January 24. PML-N counsel Barrister Mohsin Shah Nawaz Ranjha demanded that the court should issue orders to stop such unconstitutional steps in future.

“This is correct that Parliament makes the constitution. But courts are its custodian. We want that the court should issue future guidelines on this matter,” he said.

Ranjha further said he would like to appreciate the government as it cooperated with them on this issue and heard them. Justice Minallah remarked that credit went to people in addition to every Member of Parliament.

“This court did not interfere in the matter. The matter was left to Parliament. The dignity of Parliament should always remain supreme. If there is any difference in Parliament it should be sorted out through dialogue. It is beauty of Parliament and democracy that matters be resolved by sitting together,” he remarked.