Judiciary’s freedom indicates peoples’ trust on this institution: CJ
ISLAMABAD, (SANA): Supreme Court of Pakistan was requested on Tuesday not to subscribe to the concept of basic structure of the Constitution.
A 17-member bench of the apex court headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing the petitions challenging various clauses of the 18th constitutional amendment.
During the hearing, the judges in their remarks said that if the Parliament was active, so was the apex court as well.
They said that the new modus operandi for the appointment of judges was not part to the basic body of the Constitution.
In his arguments, the federal government’s counsel Wasim Sajjad said the Constitution could not be reviewed by basing Article-2A relating Objective Resolution.
Justice Khalil-ur-Rehman Ramday while responding Wasim Sajjad’s argument observed that the Article-2A stipulated the basic structure of the Constitution.
Contending before the apex court, the federation council said that it was a political question to delineate the features of the Constitution while the Parliament was authorized to settle it.
“It is only the parliament to decide as to which part of the Constitution is non-amendable,” he added.
Addressing the federal government’s council, Justice Ramday said that “You are advocating the Parliament to embark on the wrong and people to take to streets, ensuing bloodbath and that people get the decision superseded with force.”
He observed that the procedure of appointment of the judges has been same for last 150 years, what is the rationale behind changing the procedure?
In his remarks, Chief Justice Iftikhar Muhammad Chaudhry said the independence of judiciary did not mean to save the jobs of judges; instead, it indicated the people’s trust on the judiciary.
He further said the court got wisdom from the parliament adding the judiciary respected the Parliament.
The federation council urged the judiciary against contributing to the concept of basic structure of the Constitution, as, he argued, it would not lead to good consequences.
Later, the hearing was adjourned till today (Wednesday).
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