Senators irked by 'hasty' passage of IHC bill in NA

ISLAMABAD - The recent passage of the Bill for establishment of Islamabad High Court (IHC) by the National Assembly came under sever criticism in the Senate as a number of senators pointed out inconsistency over its composition saying it would limit the scope of Judicial Commission. Senator Ishaq Dar of PML-N was of the view that clause 3 of the Bill specified quota for the appointment IHC judges for provinces, Capital Territory and Federally Administrated Tribal Areas (FATA) that would limit the scope of the independence of Judicial Commission. It would be just like the election of a president of some chamber of commerce, he added. The judicial Commission was proposed in the 18th Amendment for the appointment of judges of superior courts. He said that the Bill was passed by the National Assembly (NA) in haste, in one day (Monday), against the parliamentary norms as normally the Lower House debates over a bill for two or three days prior to its approval. He expressed disagreement over the rotation-based system for the appointment of Chief Justice of the IHC terming it against the spirit of 18th Constitutional Amendment and said that it was only the prerogative of Judicial Commission. The members of the House continued their comments over the passage of the Bill for the establishment of IHC by NA despite Chairman Senates reminder that the Bill had not been laid before the Upper House. Mian Raza Rabbabi was also of the view that there was inconsistency over the Bill for the establishment of IHC adding that members of the Parliamentary Committee on Constitutional Reforms (PCCR) had also shown some reservations over it. I have talked to Minister for Law, Justice and Parliamentary Affairs, Dr Babar Awan and we will sit together to address the reservations of PCCR members, he informed the House. Earlier, Mian Raza Rabbani told the House that he was misquoted in a section of press as he did not seek lawyers advice on the 18th Amendment Bill adding that it was the trust (amanat) of the Parliament with the mandate to amend it. I had only sought lawyers advice on the mechanism of appointment of judges of superior judiciary through Judicial Commission keeping in view their reservations over the issue, he added. Minister for Law, Justice and Parliamentary Affairs Babar Awan in his response said that the composition of IHC would not limit the scope of Judicial Commission, as at any stage the Bill did not curtail the powers of the Commission to appoint the judges. However, he commented that intentions were not the same that were being portrayed and the government respected the opinion of the Parliamentarians and any inconsistency regarding Islamabad High Court Bill, 2010 would be addressed. He viewed that previously, the judges belonging to only 'one province served the Islamabad Capital Territory. He made it clear that the government was not doing any thing contrary to the 18th Amendment. He said Islamabad was not given representation at a time when former President Pervez Musharraf constituted Islamabad High Court through an ordinance but nobody dared speak against him at that time. The legal fraternity of Islamabad was demanding more representation in appointment of judges for Islamabad High Court, he added. Leader of the House Syed Nayyer Bokhari wondered why the people of Islamabad were not given representation in IHC saying, obviously, he would talk about it.

ePaper - Nawaiwaqt