The Senate on Monday unanimously adopted a resolution calling upon the government to legislate for providing right to review of the decisions taken by Supreme Court in suo motu cases. The resolution moved by PPP Senator Farhatullah Babar was adopted unanimously, as no one from the treasury benches opposed it, when Chairman Raza Rabbani put it before the House for a vote.
Later talking to reporters, Senator Babar termed the unanimous adoption of the resolution as a landmark development, adding that it put the government under obligation to adopt appropriate legislation with regard to streamlining the suo motu jurisdiction of the apex court.
He pointed out that some suo motu notices provided great relief and were most welcomed but at the same time it should also be remembered that it equipped the judiciary with unbridled powers. "The greater the power at the hands of an individual or an institution the greater is the need to be cautious in exercise of these powers that is not regulated by law," he added.
He recalled that two years ago a question was asked in the Senate by Senator Karim Khwaja seeking details of suo motu action taken by each High Court since 2009. Three high courts did not furnish any reply while the Sindh High Court said it had not taken any suo motu notice since 2009 whereas Islamabad High Court stated that seeking such information amounted to having a check on the judiciary, which is against its independence.
He said that sometime back the International Commission of Jurists (ICJ) delegation after visiting Pakistan reported that it appeared that the courts exceeded the limits of a reasonable use of this procedure. "It said that this leads to a corrosion of the rule of law and a blurring of the constitutional separation of powers," he added.
Meanwhile, taking notice of the ongoing protest by parents against fee increase by private schools in Islamabad, Chairman Senate Raza Rabbani sought a report from the House Standing Committee on Cabinet by Friday. He also asked the Committee to suggest amendment to Islamabad Capital Territory Private Educational Institutions Registration and Regulation Act, 2013 to provide for a mechanism for fee regulation.
The Chairman called upon the government to appoint a permanent Chairman of the regulatory authority by 5th of October 2015. He asked Minister of State for Education to convene a meeting of all concerned to look into the matter of fee increase and provide relief to the agitating parents. Earlier, the House also adopted a resolution to pay rich tribute to late Mir Abdul Jabbar, a former Deputy Chairman Senate from Balochistan who recently passed away. The House recognised his services as a sincere and polite politician who also served as Governor Balochistan and Speaker of the provincial Assembly of Balochistan.
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