Lawmakers under the Constitution are immune from prosecution for speeches made in the Parliament, legal gurus said. Chief Justice Mian Saqib Nisar while hearing a suo motu case on infant formula milk at the Supreme Court Lahore registry on March 9 had taken strong exception to PPP's outgoing Senator Aitzaz Ahsan's speech in the Upper House of Parliament.
"Aitzaz Ahsan claimed in the Parliament that we [judges] are misusing our authority. We want him to personally pass those remarks here in this court," the Chief Justice stated. The PPP's outgoing senator was summoned to appear before the bench in the Supreme Court at Lahore Registry on Saturday however when he appeared the Chief Justice merely asked him about adjournment sought by his assistant a day earlier.
Aitzaz in his farewell speech in the Senate endorsed Farhatullah Babar's criticism against the judiciary and the army. He said: "I agree 100 percent with Farhatullah Babar that the judiciary should remain within its domain and army should not indulge in adventurism." Former President Supreme Court Bar Association, Barrister Ali Zafar did not find anything objectionable in Aitzaz Ahsan's farewell speech. He said it is covered under the Article 66 of Constitution.
Vice-Chairman Pakistan Bar Council (PBC), Kamran Murtaza talking to Business Recorder said the Chief Justice should not summon every person who talks about judiciary or judges. He said Aitzaz Ahsan is a scholar and has his own opinion, adding he [Aitzaz] had spent his whole life struggling for the independence of judiciary. Murtaza said Article 66 of the Constitution provides immunity to legislators in the Parliament.
The Article 66(1) of Constitution says; "Subject to the Constitution and to the rules of procedure of Parliament there shall be freedom of speech in Parliament and no member shall be liable to any proceedings in any court in respect of anything said or any vote given by him in Parliament."
The PBC vice-chief said judges' remarks in the Bar councils and elsewhere are not covered under Article 68 of the Constitution and if someone discusses them (remarks), those should not be considered contempt of court. Article 68 says; "No discussion shall take place in Parliament with respect to the conduct of any judge of the Supreme Court or of a high court in discharge of his duties."
Former Attorney General for Pakistan, Irfan Qadir maintained that judiciary should conduct hearing and make a decision in accordance with the Constitution and the law. "When judges cross their limits the judiciary will weaken."
Waseem Sajjad, former Chairman Senate and eminent lawyer, said both Articles 66 and 68 of the Constitution should be read together. He said parliamentarians have freedom to deliver speeches in the National Assembly and Senate, and it is the responsibility of the chair of the House to regulate the legislators' speeches in Parliament.
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