Senator Irfan Siddiqui, widely regarded as the spokesman of Pakistan Muslim League (Nawaz) President Nawaz Sharif, on Wednesday criticized the judiciary for “writing” the Constitution through various judgments, stressing this is Parliament’s job.
Since the Supreme Court issued its long-awaited detailed verdict in the reserved seats case, which had denied the Sunni Ittehad Council (SIC) any share but granted the same to the Pakistan Tehreek-e-Insaf (PTI) after deeming all independent lawmakers that joined the SIC members of the PTI, tensions between the government and the higher judiciary have visibly risen. Despite the short order having been issued in July, it remain unimplemented with Parliament having since adopted legislation that bars any lawmakers from shifting political allegiance, with retrospective effect. The detailed judgment has ramped up the discord, as it raised questions over the legitimacy of the Feb. 8 general elections.
Noting the detailed judgment had raised questions about the verdict, Siddiqui said they should be removed without political divisiveness. “Every day a law is abolished by saying that it conflicts with the Constitution,” he lamented, stressing the Constitution created the judiciary and not vice versa.
“If Parliament makes a mistake, the judiciary corrects it. But if the latter rules against the Constitution then who will fix it?” he questioned, noting that despite the apex court’s order, the lawmakers who had already submitted affidavits of allegiance to the SIC were bound by the same Constitution. The Constitution, he stressed, required independent lawmakers to join “any political party” within three days and the apex court granting them an additional 15 days to shift allegiance violated this.
“What gives you [judiciary] such an authority? If you have taken the authority then it is wrong,” he said, recalling that the Peshawar High Court (PHC) had earlier ruled, and was validated by the Supreme Court, that reserved seats could not be allocated to the SIC. “To date, none of the lawmakers who joined the religio-political party have expressed a desire to change their party,” he maintained.
Lamenting that the courts had not stood up against any martial laws imposed on the country, he noted that the judiciary had exceeded its limits several times by paralyzing clauses of the Constitution. “The Constitution clearly states that the amendments made by Parliament cannot be challenged in any court,” he said, referring to Article 239(5). Similarly, it also states that the Majlis-e-Shura had “no limits” on the authority, he said, referring to Article 239(6).
He urged the judiciary not to write the Constitution as it was “Parliament’s prerogative.”
During his press conference, the senator also addressed a proposed constitutional package, rejecting the impression it was “enslaving” the judiciary. He stressed the formation of a constitutional court was part of the “unfinished agenda” of the Charter of Democracy.
Siddiqui further slammed the PTI and its founder Imran Khan for making Justice Mansoor Ali Shah controversial by expressing its full support for him. “We respect Justice Shah,” he said, questioning why Khan had stigmatized him through favoritism.
He noted the PTI had attacked and disrespected institutions in the past, regretting they abused everyone, including the judiciary, the Election Commission of Pakistan, and the chief of army staff. The party’s activities ultimately damaged the country’s solidarity and integrity, he claimed, recalling the PTI-led government had registered fake cases against innocent people during its tenure.