Parliament shouldn’t be hampered from doing good just because it lacks two thirds-majority, CJP remarks
Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa on Monday remarked that Parliament should not be hampered from doing because it lacked the two-third majority required for passing a constitutional amendment.
He made the remarks as a full court resumed hearing a set of petitions challenging the Supreme Court (Practice and Procedure) Act 2023 — which requires the formation of benches on constitutional matters of public importance by a committee of three senior judges of the court.
In keeping with the court’s directives, the hearing is being streamed live on television.
Headed by CJP Isa the bench consists Justice Sardar Tariq Masood, Justice Ijazul Ahsan, Justice Syed Mansoor Ali Shah, Justice Munib Akhtar, Justice Yahya Afridi, Justice Aminuddin Khan, Justice Sayyed Mazahar Ali Akbar Naqvi, Justice Jamal Khan Mandokhel, Justice Muhammad Ali Mazhar, Justice Ayesha A. Malik, Justice Athar Minallah, Justice Syed Hasan Azhar Rizvi, Justice Shahid Waheed and Justice Musarrat Hilali.
In a pre-emptive move, the Supreme Court — then led by former CJP Umar Ata Bandial — in April had barred the government from implementing the bill seeking to curtail the chief justice of Pakistan’s powers once it became a law.
At the previous hearing, CJP Isa had questioned the many legal challenges to parliament’s legislative authority, saying there had been much nit-picking over laws enacted by assemblies, but in the face of martial laws imposed in the country, there was always a complete surrender.
“We pick errors whenever parliament made a law, but surrender ourselves completely when martial laws were imposed in the country,” Justice Isa said.
“This Courtroom No.1 carries pictures (of former CJPs) who obviated their oaths by validating martial laws, but nobody moves petitions to express opposition [to their action], except when parliament enacts laws,” Justice Isa quipped during a televised hearing. Justice Isa had intended to wrap up the case the same day, but it was adjourned till today due to time constraints.
