Home News Supreme Court doesn’t mean only the Chief Justice

Supreme Court doesn’t mean only the Chief Justice

Supreme Court doesn’t mean only the Chief Justice

Sindh Govt.’s Advisor welcomes the new law which suggests that government will decide the number of apex court judges and CJP alone cannot take suo moto action; hopes President will sign the law   

Karachi, Sindh  

The Spokesperson of the Sindh Government and Advisor to the Chief Minister on Law, Barrister Murtaza Wahab said on Thursday that the Supreme Court does not mean the Chief Justice, as according to the constitution the Supreme Court means all judges and institutions.

Addressing a press conference at Sindh Assembly’s Committee Room, Wahab referring to the Constitution said, “Article 181-4 and 184 of the Constitution clearly states that the powers of the Supreme Court are clear. It is also clearly written that the Supreme Court is a judicial body and not just the Chief Justice.”

“If the government does not mean only the prime minister but the cabinet, then obviously, the Supreme Court is not simply the chief justice,” he remarked.

He said that legislation is the core function of the Parliament, which is a supreme institution. “Every institution has to work within the limits of the Constitution.”

Barrister Murtaza Wahab said that the constitution is supreme to all. It is the guiding book that tells us the function of each institution. This Constitution gives the interpretation of the functions and powers of the Supreme Court, the government, and the Parliament, according to which the Parliament and the Provincial Assemblies can legislate according to the Federal Legislature.”

Wahab said there had been heated discussion regarding interference in the affairs of the Supreme Court. “The government decides how many judges should be in the Supreme Court. I welcome this legislation. I wish the Parliament had made the legislation earlier.”

He said there was a time when the decisions of the federal government were considered as if made by the Prime Minister and the decisions of the provincial governments as those taken by Chief Ministers. He recalled that in 2016, during the tenure of Chief Justice Saqib Nisar, the Supreme Court gave verdict in which it was said that the decisions would be made by the will of the cabinet.

“The legislation makes it clear that the Chief Justice alone cannot exercise the power of taking suo moto. Three judges can exercise this power. It is also mentioned in the Constitution that not Chief Justice alone but all judges are equally part of the Supreme Court.”

Murtaza Wahab said that the new law is not reducing the powers of the Chief Justice. “Parliament is the supreme institution, and legislation is its job.”

Wahab said that after the approval by the Senate, we hope the President of Pakistan will sign the new legislation. (PR)




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