ISLAMABAD: The Supreme Court has again expressed dismay over the continuing criticism against the judges and the institutions, said its doors are open for everyone.
Chief Justice Umar Ata Bandial, while heading a five-member bench, which heard the Presidential Reference for interpretation of Article 63A of the Constitution, on Thursday said they were hurt when the judges and the institutions was criticized, adding the Supreme Court’s doors are open for everyone.
Raza Rabbani while presenting his views in the matter said; “Please see and bear in mind the events that have unfolded after filing of the Presidential Reference, when each constitutional functionary violated and circumvented the constitutional process, not that alone but each violation had been raised as a prize on the spear of fascism and party loyalty.”
“As you sit today to interpret the Constitution, it is becoming that much difficult to defend this document as civilian hoards are out to desecrate institutions functioning under the Constitution. These institutions are crumbling under the weight of a malafide campaign to discredit them. When such happens, my Lords, history’s lesson is either the Soviet Union or a fascist state,” he added.
Justice Umar Ata Bandial asked the counsel not to be pessimistic, saying there are many people like you who stand up for the Constitution, adding this bench stood up for the Constitution. Raza Rabbani said but the institutions are being maligned. Upon that the chief justice said when the people like you have faith in Constitution then it does not matter what is happening.
Justice Bandial noted that forbearance and tolerance has diminished in the society. Appreciating the Pakistan Peoples’ Party (PPP), he said; “We have witness and the history tells that your party conducted with great fortitude and sacrificed a lot yet it remained positive and supportive to the Constitution.”
The CJP said still there are many people who support and we respect them, that we will serve the nation with same commitment and to its expectation.
Rabbani in his written submission, which he read in the courtroom, stated that the oath on the nomination papers is not an oath of loyalty to the party, a person is stating that he belongs to a particular party, further this oath is prior to his becoming a Member, once elected, he will take an oath under Article 65 of the Constitution, and the previous oath will merge with this oath which provides that ‘I will protect and defend the Constitution and perform my functions in accordance with the Constitution, law and the rules of the Assembly and always in the interest of the sovereignty, integrity, solidarity, wellbeing, and prosperity of Pakistan’.
The historical transition of Article 63A was to take away the bite of the Article and, provides the Member every opportunity of a defence in accordance with Article 10A. The intent is to protect a Member from a vindictive Party Head. A member can have differences with the Party leadership on other issues which can find their way to a declaration under Article 63A.
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