NA decides to carry out judicial reforms

ISLAMABAD: The National Assembly Wednesday took a major step to check what it sees as transgression and encroachment upon powers of parliament by any other institution by passing a resolution to constitute a joint special committee of both houses of parliament to institute requisite judicial reforms.

“This House resolves that to ensure the supremacy of the Parliament and the Constitution in letter and spirit, it hereby constitutes a special committee of both houses of the Parliament to institute requisite judicial reforms, which are need of the hour,” the resolution moved by Law Minister Azam Nazeer Tarar said.

The resolution says the Parliament, being the representative of the will of people of Pakistan, “shall not allow any other institutions to transgress and encroach on its powers”.

“The august House believes that the Parliament is the supreme legislative body of the state of Pakistan, whereby the enactment of the laws including amendments to the Constitution of Islamic Republic of Pakistan, 1973 is sole prerogative of the Parliament.”

The National Assembly observed that the Constitution envisages trichotomy of powers among three organs of the state namely the legislature, executive and judiciary; “It is the legislature which has been assigned the task of law making, the executive to execute such laws under the doctrine of separation of powers, the judiciary to interpret the laws, under doctrine of separation of power, none of organs of state can encroach upon the powers of others”.

The House also observed that whereas the Constitution of Pakistan has entrusted the Parliament with certain constitutional mandates, including power to confirm the appointment of judges of superior courts in terms of Article 175 A of the Constitution, the resolution pointed out that there is a long pending agenda of what is left over from the Charter of Democracy, and that the entire journey of democracy from 2008 to 2022 was defined by a search for parliamentary sovereignty, the supremacy of the Constitution and a balance between all pillars of the state.

However, it was made clear by Interior Minister Rana Sanaullah, meanwhile, that the powers of the Supreme Court were not being slashed in any way.

Also, the federal cabinet decided on Wednesday to withdraw curative petition against Justice Faez Isa after making public, record of the case and going through the same.

Interior Minister Rana Sanaullah told the media after the cabinet meeting that there was no precedent for the curative review filed against Justice Isa, adding that it was only filed to keep the judge under pressure.

“Justice Isa is a reputable judge and goons like Shahzad Akbar treated him unfairly,” he said.

Sanaullah said that law secretary informed the members of the federal cabinet that no prior approval was taken before the submission of the reference. He said the federal cabinet, during the meeting chaired by the prime minister, also observed with consensus that by misuse of powers, unnecessary action was taken against Justice Faez Isa and decided to withdraw review appeals against him after making public, record of the case and going through it.

In this connection, an inquiry committee was also constituted, which was also going through details of the petition and details of false references against the reputed judge. It would present a report to the cabinet. The minister said the committee would also recommend action against those who filed a false reference against the reputed judge. The committee comprises federal ministers Qamar Zaman Kaira, Tariq Bashir Cheema, Rana Tanveer and representatives of all coalition parties.

To a question, Rana Sanaullah said the SC verdict on Punjab deputy speaker ruling had worsened political situation in the country.

The federal government also approved the appointment of a senior officer of BPS-22 Police Service Mohsin Butt as Director General of Federal Investigation Agency (FIA) in place of Muhammad Tahir Rai. The meeting okayed appointed of Tahir Rai as National Coordinator Anti-Terrorism.

The cabinet meeting also reviewed damages caused by torrential rains in Balochistan and Sindh provinces. The PM also lauded efforts of the Sindh chief minister for visit to affected areas in Karachi and Hyderabad and monitoring relief activities.

The federal cabinet, while approving the Inter Government Commercial Transaction Act-2022, sent by the Ministry of Law and Justice, recommended for presenting it before the relevant parliamentary committee. The meeting was told that the proposed law would help boost the confidence of foreign investors and increase foreign investment in the country. The law will also be helpful in the government-to-government (G2G) development agreements.

Meanwhile, Interior Minister Rana Sanaullah said the coalition partners were also holding consultations for judicial reforms with regard to taking suo motu notices and formation of benches by the chief justice. He said a parliamentary committee would discuss legislation on the chief justice’s sole powers of constitution of benches and taking suo motu notice on the public interest issues.

Talking to journalists informally here at the Parliament House, he said the federal cabinet discussed different proposals about bringing judicial reforms. Rana Sanaullah said the cabinet meeting deliberated on delegating the powers of taking suo motu notices and benches’ formation to three or five senior most judges of the apex court.

He also pointed out certain loopholes in the process for appointment of Supreme Court judges.

There should be an effective legislation on the appointment or elevation of judges to the superior courts, keeping in view merit and seniority, he added.

Giving the example of Mustafa Impex Case, Rana Sanaullah said the government meant the whole federal cabinet, not the prime minister alone.

To a query, he warned of imposing the governor’s rule in Punjab if his entry was banned in the province.