ISLAMABAD: Defence Minister Khawaja Asif on Tuesday said that the judiciary should be made ‘accountable’ for former Prime Minister Zulfikar Ali Bhutto’s “judicial murder” and disqualifying two ex-premiers – Nawaz Sharif and Yousuf Raza Gilani – from holding public offices.
In a hard-hitting speech in the National Assembly, he said that Gilani was disqualified from becoming a member parliament and also ceased to be the prime minister of Pakistan on the court orders.
He continued: “We are holding dialogue with our opponents but it does not come in the purview of the court to dictate us for negotiations”.
“The practice of overthrowing a prime minister should end,” he maintained, pointing out the prosecutions of Zulfiqar Ali Bhutto and Pakistan Muslim League-Nawaz (PML-N) supremo Nawaz Sharif, and PPP’s Yousaf Raza Gilani.
“We (the house) should defend our prime minister, whatever party he may belong to,” he added.
“You are asking us to sit for dialogue, but first you should fix your house,” he said in reference to apparent rifts among the judges of the top court.
“The apex court has sought the details of parliament proceedings, which are accessible to everyone. The apex court’s directives should be adhered to and the house should also seek the proceedings of that bench in which two judges earlier rescued them but later they were included in it,” he added.
He called upon the NA speaker to write to the apex court for the “provision of proceedings of the bench”, adding talks were being held with the opposition, but it was also not “the domain of higher courts to arrange negotiations and it is nowhere mentioned in the Constitution”.
He said the judiciary had given authority to the then-dictator General Pervez Musharraf (retd) for constitutional amendments.
A house committee, he added, should also be constituted to examine the decisions of the superior judiciary since 1947, adding the committee should also examine the martyrdom of Zulfikar Ali Bhutto and the disqualification of elected prime ministers, Gillani and Nawaz Sharif.
“A special committee should be formed to investigate facilitation by the judiciary in the abrogation of the constitution over the years”, he added.
He went on to say that the government respects the top court but it should operate within its constitutional domain, and added the parliament is the supreme institution and being a defender of the constitution will not allow any extra-constitutional step.
Asif said that parliament will not surrender its authority as “we should get united for the sanctity and dignity of the house by rising above our differences”.
He said that the elected representatives of the people come to parliament with the mandate, he said, adding the foundation of their career is based on public service.
The minister asserted that the parliament is the custodian of the Constitution while accusing that an institution is trying its best to ensure that the incumbent assembly does not complete its term.
Meanwhile, the house also passed a motion demanding the constitution of a special parliamentary committee to probe an alleged audio leak of ex-Chief Justice Saqib Nisar’s son, in which, he demanded money from a Pakistan Tehreek-e-Insaf (PTI) ticket holder.
The motion was moved by Shahida Akhtar Ali of Jamiat Ulema-e-Islam-Fazl (JUI-F), saying “a special committee of the National Assembly should be constituted to probe the audio leak of ex-Chief Justice Saqib Nisar’s son in which he demanded money from the ticket holder of PTI”.
It said that the committee should investigate and conduct forensic analysis of the audio and interview the persons speaking in the audio.
Through the motion, she also demanded that an investigating agency should hold a thorough probe into the audio.
She demanded the Speaker National Assembly to nominate members of the committee along with its chairman so that terms of reference for the committee could be done.
Minister for Poverty Alleviation and Social Safety Shazia Marri said that the apex court should not interfere in matters of parliament which is the mother of all institutions.
She said that the judiciary should also understand the sanctity and respect of parliament.
Aslam Bhootani was of the view that the house should not provide its proceedings to Supreme Court, adding “we respect the court but it should also respect parliament”.
Muhammad Abu Bakar said the parliament should defend the constitution.
Noor Alam Khan said under the constitution, no court can seek proceedings of the parliament. However, he said that the public accounts committee has the authority to seek records of the accounts of courts and other institutions.
Copyright Business Recorder, 2023