‘Involving judiciary in parliamentary disputes erodes sanctity of legislative body’

ISLAMABAD: The Islamabad High Court (IHC) has stated that involving the judiciary in the internal disputes of parliament erodes the sanctity of the supreme legislative body.

“It has a profound impact on the judicial branch as well,” IHC Chief Justice Athar Minallah wrote in an order on the non-implementation of the production order of Khawaja M Asif, issued by the Public Accounts Committee (PAC) Chairman Rana Tanvir Hussain.

The jailed opposition leader is also a member of the PAC. The PAC chief had challenged in the IHC the non-enforcement of his fourth consecutive order.

Justice Minallah said that parliament’s sovereignty and prestige is compromised when the elected leadership, whether on the treasury or opposition benches, allows their internal disputes to be brought before the courts. In doing so, they acknowledge their failure to uphold the Constitution and their oath.

The judge wrote that the judicial branch’s intervention erodes people’s confidence in the sovereign status of parliament. It reflects adversely on the political leadership of the people. Political controversies ought to be resolved by the political leadership and it is their duty to ensure that no one has a justifiable reason to involve the judicial branch in matters which fall within the domain of the legislature. The judiciary’s intervention rather than enhancing parliament’s respect and prestige lowers it, he stated.

The judge referred to and relied on two earlier rulings of the IHC in which it was held that Article 69 places a bar of jurisdiction on the court. It had been held that the PAC proceedings fall within the ambit of the expression ‘internal proceedings of parliament’. The order said that the National Assembly Speaker and the Senate Chairman have a pivotal role in maintaining the prestige of the supreme legislative forum of the state in relation to resolving internal disputes. Likewise, the leaders of the treasury and opposition benches ought to play their respective roles in enhancing parliament’s respect and sovereignty. It is their constitutional duty to strengthen parliament and make it effective and functional. They would be failing in this onerous duty if they allow political disputes to be brought before the judiciary.

Justice Minallah said that the prime minister and treasury members have an onerous duty to ensure that parliament functions effectively because they command a majority. The responsibility of other members is no less. An effective and functional parliament is the sole panacea for ensuring the people’s well-being and prosperity. Pakistan’s security and integrity also depends on the institutional strength and sovereignty of parliament.

The judge noted that maintaining parliament’s respect and prestige is a constitutional obligation of every MP. Each member solemnly swears to perform functions honestly, to the best of his or her ability, faithfully and always in the interest of the sovereignty, integrity, solidarity, well-being and prosperity of Pakistan.

Every word of the oath has to be scrupulously respected and given effect. Parliament’s success, effectiveness and prestige rests on the commitment of its members to conduct themselves in accordance with their oath. It is their conduct which must demonstrably show their honesty, ability and faithfulness. Every elected representative has to rise above political differences and serve the people in a manner that visibly shows meaningful adherence to the wordings of their oath.

Parliament, Justice Minallah said, represents the people of Pakistan and its respect and effectiveness depends on the ability of each member to resolve disputes without involving the courts.

Justice Minallah said the IHC has no reason to doubt that the matter brought before it cannot be resolved by the elected representatives without judicial intervention. Therefore, the IHC exercises restraint and expects that Rana Tanvir Hussain will endeavour to resolve the matter before the internal forums of the parliament provided under the Constitution and Rules of Procedure and Conduct of Business in the National Assembly.