News
Tuesday, September 28, 2010
‘18th Amendment retains provisions given by dictator’* Justice Iftikhar Chaudhry says court had not summoned Rabbani, it is his own desire to appear in proceedings
By Masood Rehman
ISLAMABAD: Heading the 17-member full court on Monday, Chief Justice Iftikhar Chaudhry observed that the 18th Amendment retained many constitutional provisions given by a dictator.
The full court was hearing a set of identical petitions challenging certain provisions of the 18th Amendment, particularly the formation of a Judicial Commission and Parliamentary Committee for the appointment of superior court judges.
Appearing on notice, Attorney General Maulvi Anwarul Haq informed the court that Raza Rabbani was in Karachi and would appear before the court on Wednesday. The CJ expressed concern over media reports about summoning of Raza Rabbani, the 18th Amendment Implementation Commission chairman. The CJ said the court had not summoned him, but it is his own desire to appear before the court, adding that Rabbani was one of the respondents in a petition.
Salman Akram Raja, counsel for the civil society, pleaded that the constitution had basic features — democracy, federalism, parliamentary form of government, independence of judiciary and dignity of human beings. He said these features were protected in the Pakistan Lawyers Forum and Ziaur Rehman cases.
Justice Asif Khan Khosa said no constitution was permanent and it had to change with the changing realities, therefore it should be amended accordingly. He said in the past, the rulers acted like monarchs and people, not the courts, gave them protection.
He said it should be appreciated that through the power of judicial review, the courts were able to protect the rights of the downtrodden. He said with Article 175A, the “first casualty” would be the president, second the CJ and the third would be the PM, as they would not have any role in the issue of judges’ appointment.
Courtesy www.dailytimes.com.pk