Aitzaz Ahsan says judiciary is stepping out of the domain

Wednesday, August 8th, 2012 11:50:10 by

Pakistan Peoples’ Party (PPP) Senator and renowned legal expert Aitzaz Ahsan has said that the judiciary was stepping out of the domain of the constitution in some matters and was getting too independent.

While interviewing to BBC Urdu, the former president of the Supreme Court Bar Association (SCBA) said that the activism of the apex court was one-sided and not equal for all aspects.

He remarked, “Judiciary is independent, it is too much independent, actually it is getting ‘free’ of the constitution in some matters”.

It is vital to mention here that Aitzaz Ahsan had been served as lawyer to Chief Justice Iftikhar Muhammad Chaudhry during the lawyers’ movement.

He was of the opinion that the parliament could make amendments in the Constitution, adding that these could not be challenged in any court of law.

He rejected the impression of military takeover saying some judgments passed by the apex court recently eliminated any possibility of the country returning to martial law.

The Senator believed that dismissing former premier Syed Yousaf Raza Gilani was a wrong decision. In his view, it was an issue related to the jurisdiction of the judiciary rather a matter of disqualification.

He asked that how could the court ask to open a case against the president in a foreign court while the Constitution clearly granted him immunity in this regard.

He observed, “The stance taken by the Chief Justice in a speech that the judiciary can stop the Parliament from a Constitutional amendment clashes with the Supreme Court’s own decisions”.

The lawyer said that the Supreme Court could only review the amendments made through simple majority for any discrepancy within existing articles of the constitution. “However, an amendments passed with a two-third majority cannot be challenged in the court”, he asserted.

Commenting on the controversial Arsalan Iftikhar case, Aitzaz Ahsan was of the opinion that the proceedings against the CJ’s son had raised questions about impartiality of the court.

“The present the judiciary is diverting from the prevailing principles of investigation into Arsalan’s alleged dealings with Malik Riaz Hussain”, he added.

While replying to a query, he said that he had no regrets about his active role in restoration movement and that it was a movement for the victory of the people.

Tags: , , , , , , , , ,

Short URL: https://www.newspakistan.pk/?p=30505

Posted by on Aug 8 2012. Filed under Pakistan, Politics. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.

You must be logged in to post a comment Login

Join WishFree.com

Photo Gallery

Unique Auction UAE
Log in