The government is preparing a constitutional and legal reforms package to re-establish sovereignty of the Parliament and protect rights of the under-trial prisoners. Talking to newsmen Law, Justice and Human Rights Minister Farooq H Naek said reforms package will be presented in the Parliament soon for its approval.
He said restoration of the pre 3rd November 2007 judiciary was the first priority of the new government and the nation would soon hear 'good news' in this regard.
He said a 4-member committee representing Pakistan Peoples Party, Pakistan Muslim League (Nawaz), Awami National Party and Jamiatul Ulema-e-Islam has been formed under his chairmanship to recommend the methodology for reinstatement of deposed judges. Naek said the government would also repeal Article 58 (2) B which gives powers to the President to dismiss the national and provincial assemblies on his discretion. "This sword of dismissal could not be allowed to hang on the head of a sovereign Parliament," Naek emphasised.
He said through 8th and 17th amendments, the military dictators had changed the parliamentary character of the unanimously adopted 1973 Constitution. He said under the present constitutional scheme the Parliament has become a rubber stamp. "Our first priority is to change this situation and re-establish supremacy of the Parliament, which represents the true will of the nation," he added.
He said so many bad and black laws had been enacted during the past eight years, which ought to be repealed. "Many Acts and Ordinances have unilaterally been put in the Sixth Schedule of the Constitution which needed approval of the President for any amendment." Naek said we will change or repeal these laws.
He said National Security Council Act headed by the President will also be repealed as it had heavily tilted the balance of power in favour of the President. In reply to a question, Naek said the government has got more than 2/3rds majority in the National Assembly and the Senate to pass any amendment in the constitution.
He called upon the lawyers community to wait and not put undue pressure on the coalition government since it was committed to the Murree Declaration for restoration of the pre-3rd November judiciary in 30 days. "We had to act very cautiously and prudently so that the democratic process was not derailed," he pointed out.
Naek said the leadership of the coalition government including PPP co-chairman Asif Ali Zardari, PML (N) Quaid Nawaz Sharif and Prime Minister Syed Yusuf Raza Gilani have undergone long jail terms as under trial prisoners whereas their appeals against the politically motivated conviction remained pending in the Superior Courts. He said the accused are chained and put in black holes after conviction by the trial courts, though they have still many forums of appeal against their convictions.
He said the government is aiming to bring about reforms in the colonial times' jail manuals and protect the human rights of prisoners. Naek said the government is also contemplating to set up "evening courts" to provide immediate justice and relief to people unjustly arrested or held by police after normal court time. Political scientists say that presently there are two governments in Pakistan - one the most powerful and effective headed and controlled by the Aiwan-e-Sadr and the other docile government headed by the prime minister.
On a query by the Supreme Court, Attorney General Malik Mohammad Qayyum admitted recently that the present Constitution envisages Presidential cum parliamentary system of governance in the country.
Analysts say under the Constitution it is the President who has the powers to appoint the three Services Chiefs, governors of the provinces, Chief Justices and judges of the Superior Courts, Chief Election Commissioner and Chairman Federal Public Service Commission. Before 12 October 1999 these appointments were made by the prime minister. The political parties want restoration of pre-12 October 1999 Constitution.