News
Tuesday, October 19, 2010
‘Judiciary not at war with executive’* CJP says committee probing media reports should abstain from using term ‘standoff’ between govt and judiciary
* AGP says no govt functionary ready to submit written statement
Staff Report
ISLAMABAD: The judiciary has not waged any war, Justice Khalilur Rehman Ramday said on Monday while observing that they daily listened to news regarding a standoff between the government and the judiciary.
Justice Ramday remarked that nobody had supported the steps taken on November 3, 2007, and by giving the July 31 verdict, it had not waged any war but held that elected representatives should decide on the National Reconciliation Ordinance.
A 17-member larger bench of the Supreme Court headed by Chief Justice Iftikhar Muhammad Chaudhry was hearing a case pertaining to media reports alleging that the government was considering withdrawal of the March 16, 2009 notification that reinstated the judges of superior courts.
The court ruled that under Article 190 of the constitution, all executive authorities throughout the country were bound to obey the Supreme Court orders. “We had issued a final order in this regard,” the CJP observed, adding that the judiciary believed in the rule of law and constitution and would always function according to the constitution.
“All constitutional and state functionaries and administrative heads in the country need to ensure that no action qua initiation of proceedings concerning withdrawal of the executive order, status whereof has already been determined by this court in its judgement in the Sindh High Court Bar Association’s case (supra), is taken, intentionally or otherwise, by any of them,” the court ruled in its order on Monday.
Justice Javed Iqbal said that one of the anchorpersons in a TV show had claimed that a de-notification had been signed.
Attorney General of Pakistan Maulvi Anwarul Haq told the Supreme Court that he had communicated the court’s previous orders to about 105 heads concerned, however, none expressed the desire to file a written statement before the court over the government’s alleged decision to withdraw the judges’ reinstatement notification.
The AGP had submitted an interim report filed by the committee, constituted by the government to probe the authenticity of the news reports aired by various channels alleging that the government was considering withdrawal of the March 16, 2009 notification about the judges’ reinstatement.
The CJP observed that the committee should abstain from using terms such as “standoff” in its report.
The AGP sought some time to submit a final report, while the court adjourned hearing until receipt of the committee’s report.
Courtesy www.dailytimes.com.pk