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Political parties allowed to set up armed wings by amend in constitution: SC
ISLAMABAD: The Supreme Court observed on Tuesday that the political parties were allowed to set up armed wings by abolishing Sub-article 2 of Article 17 of the constitution.
A 17-member full bench of the Supreme Court headed by Chief Justice of Pakistan (CJP) Justice Nasirul Mulk took up petitions filed against the 18th and 21st constitutional amendments for hearing on Tuesday. During the hearing Justice Usmani remarked the political parties do whatever they want and no one stops them. Meanwhile, Justice Jawwad S Khawaja said the power exercised by parliament in terms of 18th Amendment is not constitutional. Whereas, Justice Ejaz Chaudhry said amendments by parliament in more than one article in 18th Constitutional Amendment is tantamount to reviewing the entire constitution.
AK Dogar said the prevailing system is not democracy, it is the government for the rich by the rich through the rich. “There is a difference between law making and constitution-making power. Law-making power entitles parliament to enact law, while the constitution-making power makes amendment as per constitution,” he said. Justice Sarmad Jalal Usmani noted, “We have three kinds of constitution. One was framed by Zulfiqar Ali Bhutto and one was framed by the Constituent Assembly. How will you differentiate this power now?”
AK Dogar said, “You are now talking of another martial law.” Justice Sarmad Jalal Usmani asked, “Now if someone else comes and he makes something new by killing us then what will happen”? AK Dogar said, “Law and constitution will stay in their Islamic status and such attempt can not be made now. Justice Sarmad Jalal remarked “What was the need for the constitution of 1973 after the constitutions of 1956 and 1962. If constitution of 1973 was better then the previous two constitutions will have to be declared wrong. If some one else comes and he changes the all then only arguments will be left behind.
Justice Ejaz Chaudhry remarked, “Only one article was not amended in 18th constitutional amendment but the entire constitution was reviewed while parliament was not authorized to do so and this was domain of legislative assembly. Justice Jawwad S Khawaja remarked, “Constitutional powers were exercised while introducing 18th amendment and they were not entitled to do so. There is difference between constitutional power and powers under constitution. AK Dogar said, “The opinion of people about the politicians of the country is not good. Allama Iqbal was also not satisfied about them.”
Justice Sarmad remarked, “Sub article 2 was also abolished and this was also repealed under LFO. Now any party can foment hatred. AK Dogar said, “You have diverted attention to right direction. Political parties were allowed to form armed wings. AK Dogar said repealing Sub-article 4 is unconstitutional and it is tantamount to bring to end democracy. Political justice is also part of fundamental rights. Leaders come forward in Pakistan due to their opulence. Plutocracy rather than democracy is in place in our country. The government of rich people through rich people. While citing Article 19 A Dogar said, “A prime minister can stay prime minister as long as he wills. If no change comes in authority then the matters will not undergo any change. Democracy is such a system where authority should continue to change. Allowing one person to become prime minister for several terms is dangerous. If some one retains powers for long time then these powers will be used for corruption.
He said that in Judicial Council (JC) one person has been allowed to select names for appointment of judges. “How can one person, chief justice select all the names? I was not nominated judge because I belonged to a poor family. Thousands of lawyers are there and no one recommends their name because this method is not in place. Why is the chief justice empowered to make nominations? This is basic right of all lawyers.” The hearing of the case was adjourned till tomorrow.
Political parties allowed to set up armed wings by amend in constitution: SC
- May 27, 2015
ISLAMABAD: The Supreme Court observed on Tuesday that the political parties were allowed to set up armed wings by abolishing Sub-article 2 of Article 17 of the constitution.
A 17-member full bench of the Supreme Court headed by Chief Justice of Pakistan (CJP) Justice Nasirul Mulk took up petitions filed against the 18th and 21st constitutional amendments for hearing on Tuesday. During the hearing Justice Usmani remarked the political parties do whatever they want and no one stops them. Meanwhile, Justice Jawwad S Khawaja said the power exercised by parliament in terms of 18th Amendment is not constitutional. Whereas, Justice Ejaz Chaudhry said amendments by parliament in more than one article in 18th Constitutional Amendment is tantamount to reviewing the entire constitution.
AK Dogar said the prevailing system is not democracy, it is the government for the rich by the rich through the rich. “There is a difference between law making and constitution-making power. Law-making power entitles parliament to enact law, while the constitution-making power makes amendment as per constitution,” he said. Justice Sarmad Jalal Usmani noted, “We have three kinds of constitution. One was framed by Zulfiqar Ali Bhutto and one was framed by the Constituent Assembly. How will you differentiate this power now?”
AK Dogar said, “You are now talking of another martial law.” Justice Sarmad Jalal Usmani asked, “Now if someone else comes and he makes something new by killing us then what will happen”? AK Dogar said, “Law and constitution will stay in their Islamic status and such attempt can not be made now. Justice Sarmad Jalal remarked “What was the need for the constitution of 1973 after the constitutions of 1956 and 1962. If constitution of 1973 was better then the previous two constitutions will have to be declared wrong. If some one else comes and he changes the all then only arguments will be left behind.
Justice Ejaz Chaudhry remarked, “Only one article was not amended in 18th constitutional amendment but the entire constitution was reviewed while parliament was not authorized to do so and this was domain of legislative assembly. Justice Jawwad S Khawaja remarked, “Constitutional powers were exercised while introducing 18th amendment and they were not entitled to do so. There is difference between constitutional power and powers under constitution. AK Dogar said, “The opinion of people about the politicians of the country is not good. Allama Iqbal was also not satisfied about them.”
Justice Sarmad remarked, “Sub article 2 was also abolished and this was also repealed under LFO. Now any party can foment hatred. AK Dogar said, “You have diverted attention to right direction. Political parties were allowed to form armed wings. AK Dogar said repealing Sub-article 4 is unconstitutional and it is tantamount to bring to end democracy. Political justice is also part of fundamental rights. Leaders come forward in Pakistan due to their opulence. Plutocracy rather than democracy is in place in our country. The government of rich people through rich people. While citing Article 19 A Dogar said, “A prime minister can stay prime minister as long as he wills. If no change comes in authority then the matters will not undergo any change. Democracy is such a system where authority should continue to change. Allowing one person to become prime minister for several terms is dangerous. If some one retains powers for long time then these powers will be used for corruption.
He said that in Judicial Council (JC) one person has been allowed to select names for appointment of judges. “How can one person, chief justice select all the names? I was not nominated judge because I belonged to a poor family. Thousands of lawyers are there and no one recommends their name because this method is not in place. Why is the chief justice empowered to make nominations? This is basic right of all lawyers.” The hearing of the case was adjourned till tomorrow.
Political parties allowed to set up armed wings by amend in constitution: SC
