960407

PM says we

believe in independence

of judiciary

ISLAMABAD: Prime Minister Benazir Bhutto on Sunday said Pakistan Peoples Party had consistently worked for the independence of judiciary while the opposition always tried to undermine it.

"While we have consistently worked for the independence of judiciary, those who have been opposed to us have been very consistent in undermining the independence of the judiciary," she said at the dinner she hosted for lawyers of the country.

She said opposition had launched venomous campaign to harass the judges to avoid accountability.

"Had the opposition leader not vowed to throw judges out of window if he comes to power again," she questioned and said that opposition had called the judges of the superior courts as 'Jiyalas'. "It was this attitude which was aimed at undermining the judiciary."

She said almost all sitting members of the Supreme Court have been appointed judges by previous governments. "But we did not turn around and use derogatory language for the judges appointed by Zia-ul-Haq, Ghulam Ishaq Khan and Nawaz Sharif," she said and added, "we did not do so because we wished to see institutions flourish."

Prime Minister said the judges appointed by her present government are juniormost judges and they will attain senior positions after the lapse of ten to fifteen years.

She said none of the judges appointed by the present government had ever been a party to any legitimisation of a dictatorial rule. "In fact most of them had fought against it."

Bhutto said the entire judiciary so far, whether it is the Supreme Court or the High Courts, is dominated largely by people who were appointed in the long period between 1977 and 1993 and this is a period of almost 20 years.

Prime Minister Benazir Bhutto said in Pakistan's history political groups have used the President, armed forces and the Judiciary to fulfil their own anti-democratic agendas.

Referring to trichotomy of powers as stipulated in the constitution, Prime Minister said Parliament is the supreme body to make laws while the judiciary has the right to interpret the constitution and not to amend it. "That is why, we opposed the, "Doctrine of Necessity," as it gave the power to the dictator to amend the constitution which was totally illegal and unconstitutional."

She said 1973 constitution was based on parliamentary system. But, unfortunately under the martial law regime of Zia-ul-Haq the Supreme Court used the power to interpret, rewrite, amend and alter the constitution.

She said judgements must be consistent to be respected and valued.

"Judgements must be consistent. They cannot be based on subjective definition of what will, "please the people," she said and referred to Supreme Court's decision declaring dismissals of Junejo and Nawaz Sharif's government as illegal and that of her government in 1990 as legal.

Prime Minister said the judiciary must be above criticism and controversy, "and to be so, the judiciary has to guard its reputation jealously."

"What the judiciary needs is credibility. It needs a public perception that what it does is devoid of personal likes and dislikes."

She said in Pakistan no one can question the judges even those who allowed General Ayub and Zia to overthrow the constitution, who ruled that dissolution of Assembly was legal in one case and illegal in another, and that Chief Justice who swore a false affidavit to get a plot of land. "No one could ask as to why a judge who became Chief Minister next day was not held disqualified, she said adding no one could question those in the judiciary who were allegedly involved in housing scheme. "Looking at our convoluted constitutional history from the fifties, are the people not entitled to wonder as to whether our judiciary has always been impartial," she said.

Tracing constitutional history of the country, she said, "each dictator has found a willing court to legitimize his overthrow of the constitution."

She said political stability does not depend on the government alone.

Political stability depends upon the President, the Parliament, the Judiciary, the Armed Forces, the Provinces, the Opposition and other organs of state fulfilling their constitutional obligations, she added.

"If today there is poverty and backwardness in Pakistan, we must blame all those who violated their constitutional oath, exceeded their constitutional duties and power and sought to do what they were not supposed to do."

As democratically elected leader, elected in a fair, free and impartial election, "permit me to say" that the Pakistan People's Party Government and I symbolize the road to prosperity and progress.

"Just as we symbolize the hopes, the aspirations, the dreams of the down-trodden and discriminated people of Pakistan who have elected us to positions of office."-APP