power encroachment by judiciary

Lawmakers termed the recent remarks passed by Supreme Court judges during the hearing regarding passage of contempt of court Act 2012 as power encroachment by judiciary. A five member hearing the petitions remarked that opposition must have resisted the legislation instead of walking out from the parliament.

Remarks by judiciary seem to have equally infuriated the opposition and treasury lawmakers alike. Opposition leader Chaudhry Nisar Ali Khan also termed judges remarks as power encroachment by Judiciary by describing them as “disappointing, unfair, unjust and beyond comprehension.”

One treasury senator Aijaz Dhamra who raised the issue of power encroachment by Judiciary went on to say that judiciary is stirring opposition to unrest, bloodshed and violence.

Remarks by Farhatullah Babar

Presidential spokesman Farhatullah Babar emphasized the need for judicial restraint while dealing with parliament.

Mr Babar said that despite incidences of power encroachment by judiciary parliament has always refrained from remarking on judicial proceedings and expected a similar restraint from Judiciary as well.

Mr Farhatullah cited examples about the respect for Judiciary government demonstrated by promptly incorporating judiciary’s views regarding nomination of judges. He further said that all record of parliamentary proceedings is always handed over to Judiciary whenever asked by the court.

“The parliament endured when the ruling of the NA speaker was overturned. It endured when the SC registrar refused to appear before a parliamentary committee. These instances do not convey strong signals of judicial restraint,” he said.

The presidential spokesman said that the exercise of powers by the parliament and the administration is subject to judicial review but exercise of judicial powers is only subject to self-imposed judicial restraint.

Mr Farhatullah Babar said that it is very natural that every power centre weather in the hands of an individual or an institution tends to encroach upon the domain of others. “An individual holding some power tends to encroach upon other individuals and likewise institutions also tend to encroach upon the powers of other institutions. This is a human frailty and there is no shame in admitting that judicial power is also not immune from this human weakness,” he said.

He hoped that exercise of judicial self-restraint will erode the notion of power encroachment by Judiciary.