Indian judge declares Pakistani judiciary overboard

Terming Pakistani judiciary overboard, Chairman Hindu Press Council of India and former judge of the Indian Supreme Court, Justice Markandey Katju asserted that a prime minister did not need a trust vote from the apex court.

He took a dim view of the apex court verdict that disqualified Prime Minister Syed Yousaf Raza Gilani from his post. In his view, the apex court had no right to dismiss an elected prime minister or overrule the constitutional immunity given to the head of state.

In an opinionated piece published in The Hindu, he noted, “I regret to say that the Pakistani Supreme Court, particularly its chief justice, has been showing utter lack of restraint”.

Moreover he said, “This is not expected of superior courts. In fact the court and its chief justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence”.

He quoted Article 248(2) of the Pakistani Constitution in support of his logic. The Article reads, “No criminal proceedings whatsoever shall be instituted or continued against the president or governor in any court during his term of office”.

He was of the view that the language of the above mention Article is clear and it is a settled principle of interpretation that when the language is clear the court should not twist or amend its language in the grab of interpretation, but read it as it is.

He said he failed to understand how proceedings on corruption charges, which are clearly of a criminal nature, could be initiated against the head of state.

He further surprised that how could the court disqualify a chief executive. This was unheard of in a democratic country, as the premier holds office as long as he had the confidence of parliament, not the confidence of the apex court, he added.

The Indian judge was of the opinion that the constitution set up a delicate balance of power, adding that each of the three state organs, the executive, the legislature and the judiciary should respect each other.

In his view, the system could not function if the state institutions encroach into each other’s domain. The Pakistani judiciary has lost its balance and crazy, he added.

He expressed fears that the day is not far off when the constitution will collapse if the judiciary does not come to its senses. In his view, the blame surely will lies with the Supreme Court, particularly Chief Justice Iftikhar Muhammad Chaudhry.

Short URL: https://www.newspakistan.pk/?p=26626

Posted by Faisal Farooq on Jun 22 2012. Filed under National, Pakistan. 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.