News
Thursday, March 11, 2010
Restoring 1973 Constitution in original form not possible: Aitzaz
Staff Report
ISLAMABAD: Under the prevailing situation, the 1973 constitution cannot be restored to its original form, former Supreme Court Bar Association president Aitzaz Ahsan said on Wednesday.
Talking to reporters at the Supreme Court, Aitzaz supported the role of parliament in the appointment of superior courts’ judges, saying parliament should also play its role in “other similar matters”.
He said since the people supported the Parliamentary Committee on Constitutional Reforms (PCCR), there should be no qualms about its recommendations on the superior courts judges’ appointments.
He said the impression being created about the committee’s recommendations for the appointment of judges in the superior judiciary was not justified, adding political affiliation should not affect the judges’ appointment or their eligibility.
Meanwhile, the legal fraternity is expressing reservations over the recommendations of the PCCR, which has decided to amend the articles of the constitution regarding the judges’ appointment in the superior judiciary.
Aitzaz said the Supreme Court, in its July 31, 2007 verdict, had declared the November 2007 emergency “unconstitutional” and protected parliament by intercepting military adventurism.
He said that although the SC’s verdict could not block the tanks, it had created a hurdle in their way and would protect parliament from future military interventions.
Aitzaz said the history of South Asian countries was different from those in the Middle East, which had hereditary kingships and no democracy. He said every dictator in the political and constitutional history of Pakistan needed popular support (vote) and legitimacy of the judiciary. In a resolution passed by the lawyer’s convention on Tuesday, the SCBA observed that representatives of the executive would interfere in the judges’ selection process, rendering the judicial consultees helpless and exposed to government pressure.
Courtesy www.dailytimes.com.pk