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Judiciary v Parliament – Naibaat

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Judiciary v Parliament – Naibaat

In the political history of Pakistan, the judiciary, which has executed prime ministers, removed them from their positions, put them in jails and given legitimacy to martial law, is once again standing in front of the Parliament in the name of ‘Constitution’. He is the creator. All over the world the parliament makes the constitution and the court interprets it and the government enforces it, but Pakistan is a unique example of the world in which it is changed in the name of interpreting the constitution and it is not even considered that the supreme judiciary. One decision does not conflict with another decision, like recently in Punjab government Hamza Shehbaz sent Chaudhry Pervaiz Elahi to the decision regarding the loyalty of the members and the use of votes. The same Supreme Court was writing pages on the importance and excellence of the party chief to keep Nawaz Sharif out. This is a small example. Otherwise, our judiciary, which is standing firm in front of an elected prime minister, will not allow the elections to go beyond ninety days. Authority which he himself does not have.
I asked many legal experts, including those who are pro-PTI, they all said that the legislation regarding suomoto and the constitution of benches is 100% correct and the most important need but Interestingly, these opinion pollsters are also opposing it as they are with the faction that wants a time frame to be met by the judiciary. They complain and say that the time for legislation is not right. I think that Suomoto and the formation of benches aside, the process of recruitment of judges to the higher judiciary also needs to be changed and the sooner it is changed the better. According to my limited study, the procedure for recruitment of judges in subordinate courts is better and more logical and the opinion is that the procedure for appointment from subordinate courts to higher courts should be the same as for promotion in the army. Just as commissioned officers become colonels and brigadiers based on their merit and performance, similarly judges in the judiciary should move from district and session courts to high courts, and just as lieutenant generals in the army should move to the Supreme Court according to the same procedure. . I strongly recommend that the number of judges in the High Courts and especially the Supreme Court should be at least doubled and ‘Key Performance Indicators’ should be made more functional to assess the delivery of justice by them in this modern age. Just as a panel of three is formed for the appointment of the chief in the army, the same should be the case in the judiciary that every senior is not the best every time. This will also maintain the supremacy of the Parliament or the elected Prime Minister to some extent.
I have seen a lot of competition in the judiciary and parliament. Even that contest, which is made famous by saying that Nawaz Sharif attacked the Supreme Court and as a result, three of my Muslim League friends from Lahore Akhtar Rasool, Mian Munir and Tariq Aziz also went to jail. Before narrating the incident, let me first state my conclusion that the Judiciary has undermined the Parliament on every occasion, when it had the open or covert support of the army of the day. A Chief Justice named Sajjad Ali Shah had also ventured but failed. They wanted the Thirteenth Constitutional Amendment brought by Nawaz Sharif to end, which removed the power of the President to dissolve the Assembly, and at the same time, the law regarding changing the loyalties of the members was tightened. Sajjad Ali Shah was working to negate democracy and parliament in the name of protecting the constitution which was not his mandate. As there was no military power behind him at that time, he was defeated by the rebellion of his own fellow judges. Today we are in the best age when the army says it is neutral, apolitical and political leaders have to decide their own affairs. I believe that if the army or the judiciary remain neutral, the politicians can use their abilities to the best of their abilities and also that if it is a matter of political wisdom and wisdom, then Imran Khan is somehow better than Nawaz Sharif, Asif Ali Zardari, Maulana Fazal. Ur Rehman, Shahbaz Sharif and others cannot compete. Today, the dispute is about the elections in Punjab and Khyber Pakhtunkhwa and the PTI members themselves believe that they have made ‘blunders’ to leave the National Assembly and dissolve the provincial assemblies.
At this time, the fight is neither for the constitution nor for elections. Mr. Imran Khan has this queen that he puts forward his personal and political interests by making religious and national requirements. They have done the blunder of breaking the assemblies for a specific purpose because they have their eyes on the National Assembly elections and through it the Prime Ministership. They want to have their own party’s government in Punjab instead of a caretaker on the occasion of the National Assembly elections, through which they can get full success from Punjab by using secretaries, deputy commissioners and police officers etc. Khyber-Pakhtunkhwaan is almost clear, so he and his allies are making the elections there a second priority. He wants Punjab to be conquered in any way before his allies leave the two most important positions in the month of September and if there is any problem even after the elections, it should be resolved first before he leaves in September. At this time, the Supreme Court has practically made the Election Commission ‘soulless’ and is issuing the election schedule itself. One thing has come to the fore in this whole game that many people used to describe the anti-parliament establishment as referring only to the army, but the anti-democracy establishment is not just the name of the army. The army sometimes stands with the parliament. However, it has become clear that the real issue is not the elections. This is the same battle between the establishment and the parliament that has been going on for decades and now the Supreme Judiciary is on the front foot with the PTI as its ally. This is the reason why Mr. Fawad Chaudhry has boldly threatened another prime minister with contempt of court, but this time it is not all of Khalaji’s house.

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