Questions raised in Senate over SC’s second clarification

ISLAMABAD: Muhammad Talal Chaudhry, a treasury lawmaker in the Senate, Friday charged that issuance of the second clarification by the Supreme Court and its timing had raised more questions and made the apex court judgment controversial.

Speaking on a point of public importance in the House, the PMLN senator contended that there was no precedent of issuing a clarification again to a judgment, second time that too, at a time when discussions were on for legislation in the parliament’s two chambers.

“Do you want to influence the parliament’s right to legislate? Is not your timing of issuing a second clarification to the benefit of a particular political party in terms of seats that had not demanded them? This clarification has made the entire judgment doubtful,” he said.

Talal said if a clarification was sought, then notices could have been issued and the party concerned heard. He added it was said that one judge was sitting in chamber in Karachi and another in Islamabad, and then a collective clarification was issued.

He emphasized that none could stop the parliament from legislation, being its exclusive right, which had created the Supreme Court and even provided for their salaries and powers. No one, he noted, could bar enforcement and implementation of legislation done by the parliament or come in the way of the legislature. “Only the legislation done by the parliament will survive,” he maintained.

He said, “As a political worker, I protest on this clarification and its timing. It has given a feeling as if someone wants to come in the way of the parliament. We are for making the institutions non-controversial and safeguarding them and have the right to reform the judiciary”.

Earlier, JUI-Fazl senior leader Maulana Atta-ur-Rehman charged that their party members had disappeared on the issue of constitutional amendment and the same happened to the members of other political parties.

He warned that the situation was getting worse, wondering what tactics were being used for an amendment.

“Will we have to risk our lives for the constitutional amendment, as there is no contact with Senator Shakur Khan since yesterday? In such a situation can we be expected to support them?” he questioned.

Maulana Attaur Rehman said, “We have to negotiate for this constitutional amendment; it is the responsibility of the parliament that if the country is to be saved, then the government and opposition have to work together.”

PML-N parliamentary leader Irfan Siddiqui endorsed the JUI-F leader’s concerns and wanted to make every possible effort for ‘maximum consensus, as the proposed amendment was not for politics but for the country.

“I assure you that till the last moment, we will try for consensus. Today, a draft had been approved in the special committee meeting. PTI’s Amir Dogar has also generally agreed to it but wants to take the party opinion,” Senator Irfan said.

He pointed out that recently they were informed by an IG that normally it takes minimum 10-12 years for a person, convicted by a sessions court for life imprisonment or awarded death penalty, to appeal in the Supreme Court.

“There is nothing whatsoever against the independence of judiciary or fundamental rights,” he clarified.

Responding to the BAP Senator Manzoor Ahmad Kakar who had complained about the harassment of his party member in Quetta’s Kuchlak area and breach of the privacy of his family members by the police and taking away one of his relatives, he expressed deep concern over the incidents of security breaches and law and order in Balochistan and asked on whose direction things were being pushed.

Bilal Ahmad Mandokhail also complained about undue pressures being exerted on lawmakers and referred to Senator Naseema Ehsan’s matter.

Responding to their concerns, Federal Minister for Information and Broadcasting Attaullah Tarar said terrorism had been eradicated from the country but some people imposed the Taliban again.

He said the two people who brought the Taliban back to the country were serving their punishment, but due to terrorism, ‘we are picking up dead bodies every day’.

The then prime minister Imran Khan, he observed, did not see while taking this decision that a National Action Plan was also in effect in the country under which the federation and the provinces had made joint sacrifices.

Tarar said today terrorists were attacking in Balochistan and Khyber Pakhtunkhwa but unfortunately the chief minister of Khyber Pakhtunkhwa was engaged in politics. “Who is responsible for what is happening in Khyber Pakhtunkhwa today,” he asked. The minister condemned the recent firing incident at a coal mine in Balochistan. However, he clarified that after the 18th Amendment, the law and order matters were given to the provinces. He explained that after the Army Public School tragedy, the National Action Plan was thrashed out and after this plan, peace was restored in Karachi. Senator Bilal raised the issue of inclusion of ‘insulting’ content against the Pashtoon community in an Urdu book, freshly introduced for O Level, and wanted it to be banned.