IT is a matter of satisfaction that the current Supreme Court, under the leadership of clear-headed Chief Justice of Pakistan Justice Qazi Faez Isa, has demonstrated its due respect for the most important pillar of the state i.e. Parliament. This aspect is visible not only from the repeated pronouncements of the CJP and his worthy colleagues but also actions and verdicts of the apex court and latest are their remarks during hearing of the case pertaining to life-time disqualification of MPs.
This is a breeze of fresh air in the backdrop of heightened tension between the judiciary and Parliament a few months back caused by an unprincipled tug-of-war. The judiciary took suo motu action on a number of issues that were considered to be the sole prerogative of Parliament and some of its verdicts and self-centred interpretation of the Constitution were taken with a pinch of salt by the lawmakers. Apart from endorsing the Supreme Court (Practice and Procedure) Act 2023, which regulates the discretionary powers of the CJP, the judges also apprehensive of the unnecessary tension between the judiciary and Parliament over the issue of disqualification of a member as Parliament has limited it to five years while an earlier judgement of the apex court declared the disqualification period for life time. The CJP has a clear view on the issue as he remarked “disqualifying anyone (for life) is against Islam, adding that Article 62(1)(F) calls human beings bad but lifetime disqualification closes the door to repentance. He rightly said “how can the court close the door to repentance if Allah Almighty didn’t”. This positive change of approach, if pursued with the same zeal in future as well, will surely promote inter-institutional harmony and pave the way for much-needed institutional strength.
