‘Will defend legislative powers at any cost’
Hours after the Supreme Court on Friday struck down the Contempt of Court Act, 2012, as “unconstitutional’’, the Pakistan Peoples Party-led coalition made it clear that the current dispensation would not cede the power to legislate to any other institution; whatever the odds.
Leaders of the ruling coalition met at the Presidency late on Friday night and from all indications the civilian government has still some fight left in it despite the regular run-ins with the judiciary. After the meeting, the presidential spokesman Farhatullah Babar said party leaders resolved that the right of Parliament to legislate will be upheld and this right will not allowed to be compromised no matter what the odds and the cost.
The power to legislate under the Constitution belongs to elected representatives alone, the leaders reiterated unequivocally, he said; adding that in the context of the present situation, there was an even greater need to remain united and firm. All the coalition partners resolved to remain united and firm and face the emerging challenges with unity, force and conviction.
Though he did not dwell on whether the Government would rethink on the issue of writing to the Swiss authorities to reopen graft cases against President Asif Ali Zardari, there was speculation in a section of the press that some kind of letter may be written to get out the stalemate with the judiciary.
The Supreme Court has been insisting that the letter be written and the Government’s refusal to do so on the premise that Mr. Zardari enjoys presidential immunity while in office has already cost former Prime Minister Syed Yusuf Raza Gilani his job. His successor Raja Parvez Ashraf faces a similar fate unless the letter is written by August 8, the next date of hearing in the case.
Keywords: Pakistan, Supreme Court, Contempt of Court, PPP, Swiss bank accounts, Asif Ali Zardari, Immunity issue
II
Now, if parliament passed a law to protect wrong-doing by high functionaries of the State, would such a law pass muster at the hands of the supreme court? In my view, it would not.
Not so long ago the Pakistan parliament passed the law upholding the immunity from prosecution of certain functionaries in respect of their actions whether during their tenure of office or before. I wrote comments online on that in the Dawn and The Express Tribune newspapers of Pakistan. In their wisdom, both decided not to publish my comments, which though is perfectly within their editorial privilege.
I remain convinced that parliament does not have the power to pass laws like that. We are fated to see a showdown between the Pakistan parliament and the Pakistan supreme court in the days to come. Concluded.
I
It is amazing that in spite a whole galaxy of legal luminaries in Pakistan no one has advised government or the president that parliament can legislate only within the basic features of the constitution. The parliament’s power of legislation is not absolute or unlimited.
The gentlemen who assembled in the Pakistan presidency last Friday to consider the situation arising out of the recent decision of the Pakistan supreme court seem to have taken shelter behind the theoretical right of the Pakistan parliament to legislate without any limitation on the power of parliament.
In the case of written constitutions, like those of Pakistan and India, parliament or the executive or even the judiciary cannot act against the basic features of the constitution. If any such law were passed, the power to pronounce on the constitutionality or otherwise of such a law would rest with the respective supreme court.
Parliament has the right to enact laws but a law enacted under the present circumstance to protect the corrupt in power is not expected of parliament. Had Supreme Court granted immunity to President then justice might have been done but it would never seem to have been done because it was protecting a corrupt person in office. To say that court should wait till he is out of office and flies to safe haven with the amassed wealth is ridiculous. Another evil of governments all over the world is blackmailing of all those people who the establishment finds are problem to their agenda
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