News
Thursday, August 29, 2013
‘State institutions should remain within their constitutional limits’Staff Report
ISLAMABAD: Senator Farhatullah Babar asked parliament on Wednesday to give a “serious thought” to the advice of the president that state institutions should remain within their constitutional limits and that the principles of accountability and transparency be applied uniformly.
Taking part in the Senate debate on the president’s address, Babar said that of late it appeared that some honourable judges were encroaching into the domain of other state institutions on the one hand and the principles of accountability were not being applied uniformly on the other.
He said that the court’s verdict giving presidential election schedule, its direction to the government to get passed from parliament a new law on Federal Service Tribunal in accordance with its directions and an earlier verdict expressing serious desire that the CJP be consulted in the appointment of NAB chairman appeared to be examples of state institutions not remaining within their constitutional limits.
“Likewise, the court’s refusal to present its accounts before the Public Accounts Committee of the parliament, its refusal to provide information about the number of suo motu cases and the dual national judges were also not the best examples of transparency and application across the board the principles of accountability.”
He said that the concerns on such issues had also been raised by the International Commission of Jurists (ICJ).
After visiting Pakistan in September 2011, the ICJ delegation said that the Supreme Court was exceeding the limits of a reasonable use of the suo moto procedure leading to a corrosion of the rule of law and a blurring of the constitutional separation of powers. He said that in reply to the question about the suo motu cases, three high courts did not furnish any reply while one high court stated that seeking such information amounted to having a check on the judiciary which militates against its independence.
There is need for balance, Babar said.
Courtesy www.dailytimes.com.pk