Senate Chairman Mohammadmian Somroo has said that Constitution is supreme as it guides all the state organs to function within their own sphere and the respective jurisdictions must be respected. In his winding up remarks with reference to Farah Hameed Dogar's case on Friday, he said that every institution had its role, but the Parliament laid ground rules for them, therefore, it was supreme in its own right.
The debate on the issue of Parliament's supremacy started on a point of order by Pakistan Muslim League (N) Senator Ishaq Dar, who was of the view that the supremacy of Parliament could not be compromised as the National Assembly Speaker gave a clear ruling on the issue, hence upper house must send a clear message on the supremacy of Parliament through a resolution too. The Senate was divided on discussing Farah Dogar's case.
While some members were of the opinion that the matter was sub judice as the Islamabad High Court had accepted a writ petition on the case, others pleaded that the parliamentary committee, being supreme, could take up the matter.
The controversy started on Ishaq Dar's remarks that the Parliament's Standing Committee on Education could deliberate the Chief Justice's daughter case and nobody had the authority to suspend the committee's deliberations.
Leader of the Upper House Raza Rabbani said the Constitution spoke of dichotomy, ie, each institution whether judiciary or Parliament, was independent. "We believe that Parliament is supreme and the Pakistan People's Party has a role in institution-building," he observed.
Khalid Ranjha of PML (Q), giving his views, said the Parliament had the right to pass law and undo the decision taken by the court. "The apex court is supreme in its own right. If the issue is sub judice, the Parliament has the authority to pass the law for undoing it," he said.
Chair of the Standing Committee on Education Senator Rozina Alam, clarifying about the suspension of the meeting, said that she received a message from Amjad Iqbal Qureshi, saying that the writ petition had been accepted by the High Court, hence the committee could not discuss the sub judice matter. However, the committee asked the Education Ministry to conduct inquiry and present report, but "we have not received the report so far."
Anisazeb Tahirkheli said Parliament was not the forum to discuss judges' conduct. If officials of the education department did something wrong in giving numbers to the Chief Justice's daughter, they should be taken to task. "There are other important matters to be taken up in the upper house like national security etc. The Farah Dogar's case is being politicised out of proportion and need change in the line of investigation," she added.
Senator Kamran Khan apprehended that such issues were created to weaken democracy and clear way for other forces to grab power. Commenting on the case of Justice Iftikhar, he said first media started campaign against him, then he was made hero. "The country is passing through crisis and such issues are diverting attention from real problems, which will ultimately weaken democratic government," he added.
Rabbani observed that tussle among institutions weakened political system. "The house is unanimous that Parliament is independent. We want to work with PML (N) to strengthen nascent democracy, any tussle can harm the system," he said.
Wasim Sajjad said that constitutional matter was being tackled emotionally. "Supremacy is of God Almighty in Pakistan according to the 'objective resolution' as sovereignty of universe belongs to Almighty Allah." He said.
The upper house may take up issue of national security on Monday. Earlier, the house offered Fateha for those killed in Peshawar, Swat and Bannu blasts. Senator Mandokhel expressed dismay over the way Pir Samiullah's body was taken out of the grave and hanged. He demanded of the government to take stern action against those involved in this incident.