Parliament

A total insult to Parliament

It is not very old when Chief Justice Qazi Faiz Isa Sahib said that issuing Presidential Ordinance is tantamount to insulting Parliament.  These historic words of the Chief Justice are being remembered by me because President Asif Ali Zardari has issued another ordinance and under this ordinance the powers of the Chief Justice have been restored which the Parliament passed a law last year.  were terminated. 

This perfection can also happen only in the Islamic Republic of Pakistan.  Where Parliament passes a law called the Supreme Court Practice and Procedure Act, 2023 and government spokespersons tell us that the dictatorial powers of the Chief Justice have been abolished by this law.  Because earlier, only the Chief Justice had the authority to form benches.  But under this new law, the power to form the benches will be with the three most senior judges of the Supreme Court. 

When this law has been challenged in the Supreme Court.  So, the majority of judges of the High Court, including Justice Qazi Faiz Isa, have given a decision in favor of maintaining the law passed by the Parliament.  The Supreme Court rejected the petitions filed against this law in October 2023.  But in September 2024, through a presidential ordinance, the Supreme Court Practice and Procedure Act is being negated.

But last year when this law was approved by the Parliament.   Shahbaz Sharif was the Prime Minister and Azam Nazir Tarar was the Law Minister.  Today, when the law approved by the Parliament is being contravened by the Presidential Ordinance, Shahbaz Sharif is the Prime Minister and Azam Nazir Tarar is the Law Minister.  The only difference is that when the Supreme Court Practice and Procedure Act 2023 was passed, at that time Umar Atta Bandial was the Chief Justice and the government of that time saw a judicial dictator in him.

Today, when the Presidential Ordinance was issued to change this law, the government is seeing the savior of democracy in the person of the current Chief Justice Qazi Faiz Isa.  Now let's remember that when and where did Justice Qazi Faiz Isa declare the issuance of the Presidential Ordinance as an insult to the Parliament?

On May 27, 2024, Yusuf Raza Gilani as Acting President of the State has issued a Presidential Ordinance under which the Election Commission of Pakistan has been empowered to appoint retired judges in the Election Tribunals by amending the Election Act 2017.  can go  This ordinance was challenged in the Lahore High Court.  The hearing of this application was not completed yet.  The government converted the ordinance into an Act after taking approval from the Parliament. 

On the other hand, Lahore High Court has constituted eight election tribunals.  In which serving judges of the High Court were appointed.  Perhaps the Election Commission had doubts about the competence of these serving judges.  The Election Commission has challenged the formation of eight election tribunals by the Lahore High Court in the Supreme Court.  During the hearing of this case in the Supreme Court, when the Presidential Ordinance was mentioned, Justice Qazi Faiz Isa said that issuing the Presidential Ordinance is an insult to the Parliament.  I personally don't think the Presidential Ordinance is appropriate. 

During the reign of Imran Khan, President Arif Alvi had filled the Presidential Ordinance.   I had said this insulting phrase that the President's House has been turned into an Ordnance Factory.  At that time, all the opposition parties, including the Muslim League (N) and the People's Party, criticized the issuance of the Presidential Ordinance.  Imran Khan's government increased the powers of FIA to arrest journalists through PECA Ordinance 2022, so as a journalist, I challenged this ordinance in the Islamabad High Court.

It is the right of a journalist and politician to criticize the Presidential Ordinance.  But there is no denying the fact that issuing presidential ordinances is not unconstitutional.  This provision has been kept in the constitution in view of the requirements of extraordinary circumstances. If Qazi Faiz Isa called the Presidential Ordinance an insult to the Parliament, it was an interference in politics.

The reason for the Supreme Court Practice and Procedure Amendment Ordinance 2024 issued by President Asif Ali Zardari on September 20, 2024 is that the Parliament was not in session.  That is why the Presidential Ordinance was issued.  Whatever the reason, this ordinance was made by the Ministry of Law and it was the Law Minister who deprived us of the benefits of the new law after passing the Supreme Court Practice and Procedure Act 2023 last year.  Isn't this ordinance an insult to both Parliament and the Supreme Court?  Hasn't the Chief Justice been made a dictator again through this ordinance?  The Chief Justice has been empowered to nominate a third judge in addition to himself and a senior judge to the bench composition committee at his discretion instead of seniority.

Immediately after the issuance of the ordinance, the Chief Justice made Justice Aminuddin a member of the committee, who ranks fifth in seniority.  This means that before retirement, Justice Qazi Faiz Isa will use his new powers in such a way that two-thirds majority will not be required for constitutional amendment in Parliament.

   The coming history will tell that the Parliament of Pakistan passed an act to terminate the powers of one Chief Justice Umar Atta Bandial and a year later issued a Presidential Ordinance to increase the powers of Chief Justice Qazi Faiz Isa.  The same Qazi who used to call the Presidential Ordinance an insult to the Parliament.