Minister for Law Farooq H. Naek on Wednesday said the government will accept the report of Standing Committee on Education of the National Assembly and courts decision with respect to Farah Hameed Dogar case.
"We will accept the report of the Standing Committee whenever submitted or whatever judgement is passed by the courts regarding Farah Hameed Dogar case," the minister said while talking to APP on Wednesday. He said the government believes that it is their constitutional duty to uphold the independence of the judiciary, rule of law and supremacy of parliament in accordance with the provisions of the constitution.
He added the legislature, executive and the judiciary are enjoined by the constitution to perform their functions and discharge their duties within the limits set by the constitution and the law. Farooq Naek said all the three pillars of state work within the framework provided by the constitution and there are reasonable restrictions and checks and balances imposed upon each of the pillar by the framer of the constitution.
He said the Supreme Court in its judgement in civil petition 1512/2008 concerning Farah Hameed Dogar case has described the powers, immunities and privileges of the parliament and its members as well as the Court. The minister said the Standing Committee on Education of the National Assembly has taken certain decisions on December 22, which have been criticised by putting the blame on the government.
He clarified that the Standing Committee is constituted under Chapter XX of the Rules of Procedure and Conduct of Business in the National Assembly, 2007 adopted by National Assembly of Pakistan fulfilling requirements of Clause (I) of Article 67 of the Constitution. These rules are constitutional rules and have constitutional backing, he added.
He said that Rule 201 describes the function of the Committee which are, inter-alia, to examine the Bills referred to it by the Assembly or the Speaker and submit its report as well as to examine any matter of general public interest which is primarily the concern of the government, provided that it is not one which falls within cognisance of the Court nor shall it relates to a matter pending before any Court or other authority performing judicial or quasi -judicial function.
He said Rule 222 lays down that all questions at the sitting of the committee shall be determined by the majority of the members present and voting and according to Rule 223 the Chairman only has a casting vote in the event of the equality of votes, he added. He said Rule 226 prescribes that the sitting of the committee may be held in camera if so determined by the Committee.
He said according to rules the powers of the committee lie with the members of the committee and not with the Chairman. Keeping the said rules in view the committee decided to hold its sitting on December 22 in camera and the matter pertaining to Farah Hameed Dogar was decided by the Committee through majority of votes in accordance with the Rule 222.