Judiciary has nothing to do with legislation, says Irfan Qadir

Special Assistant to the Prime Minister on Accountability Irfan Qadir has declared that framing news laws is the prerogative of the Parliament and it has nothing to do with the judiciary, reported 24NewsHD TV channel.

Addressing a news conference at Governor's House in Lahore on Saturday, Irfan Qadir maintained “We do not want to weaken the judiciary but it has no link with the legislation.”

The SAPM stated “It is being said that the Parliament should consult judiciary before enacting any law. We do not want to undermine the courts but the judiciary has nothing to do with the legislation.”

“Some people think that they are above the State,” Irfan Qadir said, adding “Legislation is the right of the Parliament, and not of the judiciary.”

On Thursday last, the Supreme Court of Pakistan while hearing a number of petitions against the Supreme Court (Practice and Procedure) Act, 2023 was informed that the government wanted to review the act in consultation with the judiciary. Attorney General for Pakistan (AGP) Mansoor Usman Awan had said the government wanted to revisit the law and this time it will introduce amendments in consultation with the judiciary.

Referring to the Supreme Court (Practice & Procedure) Act, 2023 and the Supreme Court (Review of Judgements and Order) Act 2023, the AGP had maintained: “We have two laws and both have similarities in the sections of review and hiring a lawyer.”

AGP Awan highlighted that the Supreme Court (Practice & Procedure) Act, 2023 was more extensive and included provisions related to the internal affairs of the court. “It is necessary to arrive at a solution regarding which of the two legislations can be relied upon,” he added.

In reaction, CJP Bandial said: “We are happy that the government and the Parliament are bringing amendments to overlapping laws. The government should consult with the apex court when making laws related to the judiciary.”

The CJP further remarked that the Parliament could be told to look into the harmonization of both the laws. “We welcome your proposal,” he told the AGP.

The AGP then said the legislation done on the top court’s administrative matters did not take into account the judiciary’s advice. “Amendments to the law will now be made with the Supreme Court’s consultation. Besides legislations, advice will also be sought on other matters,” he added.

Irfan Qadir alleged that some senior judges in the Supreme Court are showing leniency towards “arsonists” who tried to weaken the state during the May 9 attacks. He emphasized the paramount importance of loyalty to the state as the foremost duty of every citizen.

The SAPM expressed his disappointment regarding a small group that he believes is interfering with the affairs of the State and its institutions, adding the principle that no one is above the law and the Constitution, emphasizing that all individuals are subject to the provisions set forth in the Constitution.

Irfan Qadir went on to claim that certain like-minded judges within the Supreme Court appear to possess a sympathetic attitude towards the “arsonists” involved in the May 9 attacks. He expressed his concern over this perceived leniency, as it goes against the collective efforts to strengthen the state and safeguard its institutions.

He said the government does not want to weaken the judges rather they would deseat each other themselves. “We want to see an end to the fissures in the judiciary so that it can be strengthened,” he added.

He said for the provision of speedy justice besides the Supreme Court another constitutional court consisting of senior lawyers, parliamentarians and civil society representatives has become inevitable.

Irfan Qadir said the Parliament will take an appropriate decision regarding the judges including Iftikhar Chaudhry reinstated by the Yousuf Raza Gilani through an executive order.

The SAPM said the Supreme Judicial Council has become paralysed in giving verdicts against judges because not every justice can be acquitted of the allegations. “SJC can take initiative in addressing the judicial issues but it is not taking the lead,” he added.

Irfan Qadir said loyalty with state and Constitution is the prime responsibility of every citizen. He said that an organized campaign is underway against the State institutions. He said that a political party is running a campaign against the State and the Constitution.

Irfan Qadir said they were with the judiciary but not with that group which is itself against the judiciary. He said that this group wants to weaken the judiciary.

Irfan Qadir said that legislation is the right of the Parliament. He said that no-one including any institution is bigger than the Constitution.

 

Reporter Rao Dilshad Hussain