960417

Benazir govt has

destroyed credibility

of Judiciary: Nawaz

RECORDER REPORT

ISLAMABAD: PML President Mian Nawaz Sharif has said that the PPP government, headed by Benazir Bhutto, has made the judicial institution controversial and has destroyed its credibility. "This is unpardonable as it is subversion of the constitution as, according to constitutional experts, it comes within purview of article 6 of the Constitution".

Addressing a press conference here on Wednesday, he said: "As the situation stands today, she has lost her constitutional right to rule the country," he said.

He recalled that, on the March 26, 1996, while addressing the National Assembly, he had stated that the independence of the judiciary "must be" ensured and the judgement of the Supreme Court on the appointment of judges, which was neither in favour of the opposition nor against the government, should be implemented without any hesitation on the part of the government in letter and spirit. The government should refrain from raising objections to the judgement and implement the judgement in a smooth manner, as there was no reason to raise voice against it, because the short order had come and the only way was to implement it. For five and a half months, all legal and constitutional points had been discussed in the Supreme Court. He said he had made an offer that if the government had some reservations, the opposition would be prepared to sit with it and consider suitable measures to redress the situation in the interest of the country.

He said he had also stated on the floor of the House that the government should not make the judgement a matter of personal ego. Unfortunately, the government has not only made it a egotistical issue, but also a matter of life and death. "Not only this, an orchestrated campaign of character assassination off judges was started and the language used by Benazir Bhutto against the judges was not only shameful for Pakistan, but also for any democratic country."

Mian Nawaz Sharif, he said, had also stated that, if the judgement was not implemented in letter and spirit, then the opposition would be forced to play its due role.

He said, "We have decided to play our role to safeguard the institutions, the institution of judiciary and its sanctity, because the country is facing a constitutional crisis which has deepened. It is unfortunate that Benazir and the coterie around her are not prepared to accept this deepening crisis. Can there be a greater crisis in the country when on the one hand, Benazir claims that the judgement was being implemented while Nawaz Sharif is asked whether there are two chief justices of the Sindh High Court." He said the Supreme Court spokesman says that there has been no consultation and the government appointed the Chief Justice of Sindh unconstitutionally. "One Chief Justice has been appointed constitutional and the other by the government", he said.

The PML President said, Benazir Bhutto has taken up cudgels against the three pillars of state - the Parliament, the judiciary and the executive. The executive has been confronting the judiciary and the parliament. "The fourth state, the Press, is also in conflict with the government. So, the government has been confronting all the four pillars of the state," Nawaz Sharif said.

He said that the sanctity of the judiciary was being gradually eliminated. "The implementation of the judgement has been made controversial and doubtful. There is no transparency in the implementation of the judgement. On one side, it is not being implemented and, on the other falsehoods are being blatantly aired."

Mian Nawaz Sharif said: "I apprehend, and it is my information today as the information I had yesterday, that the government has started arm twisting and pressuring the judiciary. I forewarn the nation that, through this arm twisting, the senior most judge of the Sindh High Court is being harassed and pressurised to take up the assignment at the Supreme Court. I also apprehend that, through this arms twisting, the regularisation of other judges would also be obtained."

"As such, the institution of judiciary has been made controversial, and its credibility has been destroyed. This is unpardonable, as it is the subversion of the constitution and, according to constitutional experts, it falls within the purview of article 6 of the Constitution and, in our view, Benazir has lost her constitutional right to rule the country", Nawaz Sharif said.

Answering a question, he said if the intelligentsia, the lawyers and the Press, had not raised their voice, the judgement would have been trampled under the feet by the government. "This government has no respect for the constitution, the judiciary, the rule of law and the Parliament. The situation on the ground has proved it beyond any doubt".

Asked if the opposition would take recourse to law, especially when it considered the behaviour of the prime minister subversion of the constitution, the PML President said: "It has not yet been finally decided by the opposition to raise the issue before a court of law. We are still watching the situation which is rapidly developing".

Asked if the president would be approached to take notice of the situation, he said that it was up to the president to play his constitutional role. "There is no need for us to remain him of his constitutional role. The opposition would however continue to play its due role. It has raised the issue in the National Assembly, and the Senate is in session where this issue could be agitated". He however, made it clear that there could be no compromise on the undermining of the judiciary by the government.

He said, the arms twisting and pressurising would lead to a major crisis in the country, may it be political, judicial or constitutional. "We are heading towards a serious crisis," he warned.

Asked if the developing situation could lead to the July 7 situation, Mian Nawaz Sharif said that he hated to be part of a conspiracy, but it was up to the custodians of the constitution to play their role. He said: "Once the institutions established with so much hard work and pain are destroyed, then it is almost next to impossible to retrieve them." He said that, in view of the serious developing situation, "we will have to take some big decisions". He said that he had been busy in consultations with his colleagues throughout the day on Wednesday and, in view of the delicate and serious situation, he even did not go to welcome his brother coming out of Adiyala Jail. He said: "It is the opposition that is making every effort to protect and safeguard the geographical and ideological frontiers of the country.