Former justice Wajihuddin Ahmad has said wherever the Constitution is in written form it is held supreme over the parliament since it cannot change the basic structure and spirit of the Constitution. "In Pakistan, the Constitution is supreme, not the parliament," he said.
Explaining his point, former justice Wajihuddin added that the parliament is supreme in those countries where the constitution is not in the written form but in the shape of traditions. Speaking at "Meet the Press" on Friday, he said the restoration of judiciary was not the end of their struggle as their real destination was to ensure independence of judiciary.
He said Pakistan was now blessed with democratic government that would have to prove its worth by taking exemplary measures for the nation. "This country would have to be flourished as welfare state, otherwise Pakistan may face the same crisis which have occurred in Nepal".
This government was carrying the mandate of lawyers, civil society and media and if she failed to deliver the desired result, she would have to quit, he maintained. Commenting over the proposed establishment of "evening courts" to facilitate the litigants, former justice Wajih said, it could not deliver the fruitful results, unless judges were properly accommodated.
He said courts' building across the world were fabulous while here in Pakistan situation was quite critical excluding the buildings of Supreme Court and High Courts. Expressing his experience having visits of subordinate courts as chief justice of Sindh High Court, he said that accommodation in lower courts was like pigeon house.
About international scenario he said that Pakistan's importance on the world canvas was growing day by day and the US, the only super power, considered Pakistan as an important country. The USA needed such rulers in Pakistan that could protect its interests religiously like Musharraf.
He said the war on terror was nothing, only a conspiracy of US to capture the natural resources of the region. The US will have to accommodate our people like her nation enjoys the basic amenities of life, he suggested, adding that the US can take Pakistani rulers hostage but not the people.
When asked whether or not the lawyers would welcome the constitutional package in question, he said they would comment on it after looking into it. If it was made in the light of Charter of Democracy, signed in 2006 by Benazir Bhutto (Shaheed) and Mian Nawaz Sharif, they would welcome it.
To another query, former justice Wajih said the newly formed government will have to restore the 'deposed' judges and she could not avoid this. The issue of Justice Falak Sher's application was raised by those elements who did not want to see Justice Iftikhar Muhammad Chaudhry to be restored as Chief Justice, he replied to another query.