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Saturday, July 28, 2012
PPP for judicial restraint in dealing with parliament* Senators say judiciary’s remarks against parliament will lead country to anarchy and bloodshed
ISLAMABAD: Senator Farhatullah Babar on Friday strongly urged the judiciary to exercise judicial restraint in dealing with parliament.
Speaking on a point of order in the Senate, Babar said he was sad and concerned over the reported remarks of a Supreme Court judge during hearing in the contempt of court act case that a section of parliament failed to perform its duty and that it disregarded its mandate.
"Such comments only undermine the prestige of parliament. It is not a good omen and will be viewed with concern," he said.
He said that parliament had demonstrated great respect for the judiciary by refraining from commenting on judicial proceedings and likewise parliament expected that the judges would show restraint in commenting on its functioning and honouring of public mandate.
Babar said the record showed that parliament has been showing great maturity and restraint in its conduct as far as relations with judiciary were concerned.
This, he said, was demonstrated by promptly accepting the judiciary's views in the matter of appointment of judges at the time of 18th Amendment and also in handing over of the record of parliamentary proceedings to the court. He said that parliament endured when the ruling of the speaker was overturned.
He said parliament endured when the SC registrar refused to appear before a parliamentary committee.
Babar said that the exercise of powers by legislature and executive were subject to judicial review but the only check on the judiciary's own exercise of power was the self-imposed discipline of judicial restraint. He said further it would be unfortunate if a perception developed that the judicial restraint was fast eroding.
The PPP senator said that power had strange dynamics that must be clearly understood. By its very nature all power whether in the hands of an individual or in the hands of an institution, had a natural tendency to encroach upon the domain of others.
An individual holding some power tended to encroach upon other individuals powers and likewise institutions also tended to encroach upon the powers of other institutions, he added. This was a human frailty and there was no shame in admitting that judicial power was also not immune from this human weakness, he said. app
Courtesy www.dailytimes.com.pk