Wednesday, 7 November 2012

Talk Of Supremacy: Parliament, not apex court, is supreme says Kaira

ISLAMABAD:
Parliament and not the apex court is the supreme institution of the country since it represents the will of the people, says the federal information minister.

“There is no doubt that the Supreme Court is the apex court in the country, but when we talk about supreme institution, parliament is the supreme institution as per the Constitution,” Qamar Zaman Kaira told journalists on the sidelines of a function on Tuesday.

“It is parliament which has the power to make, amend or abrogate the Constitution. Similarly, parliament has the right to abolish any institution. In fact, parliament is the mother of all institutions,” he added.

On Monday, statements by Chief Justice Iftikhar Chaudhry and Army chief Gen Ashfaq Parvez Kayani created media hype as television anchors and analysts started talking about a possible confrontation between the two institutions.


Kaira, however, rubbished such speculations, saying both institutions not only made positive statements, but also addressed some key “complaints and grievances”.

Gen Kayani’s speech took place two hours before Justice Chaudhry’s and that there was nothing in the statements of both “against each other”, according to Kaira.

“It is fair to say that the whole institution should not be maligned for an individual’s act,” said Kaira in an apparent endorsement of Gen Kayani’s statement. At the same time, it is also right to ask for every institution to work within its limit, he added.

In his Monday’s speech, Gen Kayani said that for the wrongs of individuals whole institutions should not be maligned. Analysts believe Gen Kayani was referring to the Asghar Khan case where the apex court ruled that two former generals had funded politicians to manipulate the results of 1990 elections.

On the other hand, Information Minister Kaira said that it was also not appropriate to hold “media trials” of anyone, particularly politicians.

“We (the politicians) are the most vulnerable. From media trial to court cases, we face everything when we are accused only to be proven innocent in the end,” said Kaira.

Referring to the army’s current attitude towards politicians, Kaira said even though the present approach was “okay”, in the past it was the army that simply removed civilian governments at an individual’s will.

“People come and go, institutions are not built every day,” said Kaira, adding that institutions should be allowed to work and grow uninterrupted.

Aitzaz rules out conflict

PPP Senator and former president of the Supreme Court Bar Association, Aitizaz Ahsan echoed Kaira’s sentiments saying that he did not see any confrontation between the state institutions.

He, however, added that the Constitution does not allow the chief justice and the army chief to give political statements.

Talking to the media outside the Lahore High Court on Tuesday, Ahsan pledged that the legal fraternity would resist any unconstitutional move by anyone. Anti-democratic forces are attempting to weaken democracy in the country, he added.

About the Supreme Court’s interim order in the Balochistan law and order case, Aitzaz said if he were the chief minister he would have asked the apex court to run the government for the remaining period.

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