MABAD - All the state institutions should work within their legal ambits in order to avoid confrontation and derailment of the system, as it could flourish democracy in Pakistan, law experts said.
The renowned lawyers and legal experts shared their views while talking to TheNation on Thursday. They were of the view that if the judiciary, executive and parliament worked within their jurisdictions, no conflicting situation could erupt in the system.
Commenting on the SC order on memogate, Supreme Court advocate, senior lawyer Ahmed Raza Kasuri said that writ could not be issued against the armed forces because of a jurisdiction bar under Clause-3 of Article 199 of the Constitution. According to my view, the writ could not be issued under Clause-3 of Article 199 of the constitution, he said.
To a question, he said a smooth system could be run by following the jurisdictions, adding that trespassing on the part of any organ could create a conflicting situation. In case of trespass by any of the organs, there is possible threat of a tug-of-war... If the judiciary, executive and parliament work in their jurisdictions then no conflicting situation could erupt in the system, he added.
When contacted, former President SCBA Justice (Retd) Tariq Mehmood cautioned that the entire system would stand at the verge of derailment, unless the status quo was changed. He said the stories of corruption and ineligibility were at their peak, adding that it was tantamount to give a 'space. When the politicians are involved in blame game and are holding one another responsible for corruption, the present system would ultimately suffer, he added.
Quoting the examples, he said the train system of the country was in a deteriorating situation, and loadshedding was at its peak while over 49 per cent persons were living below poverty line. If all the matters would be handled by Supreme Court, then what would be the utility of other institutions? he questioned.
Commenting on SC order on memogate issue, another senior lawyer Athar Minallah said it was a civil matter, brought in the Supreme Court (SC). Chief Justice Iftikhar Muhammad Chaudhry has explained that all the institutions should work under the Constitution, he said while responding to a question. He also said all the institutions should work within their ambit. When asked about the formation of a commission, he said the authority to devise the commission was with the centre and provinces, but courts could also create commission.
When contacted, advisor to Ministry of Parliamentary Affairs Izhar Amrohi, a legal expert, said the parliamentary committee on national security would discuss in length the matter of Nato air strike. Prime Minister Syed Yousuf Raza Gilani will brief the parliamentary body, he said. To a question about the controversial memo, he said it was not in the agenda of the parliamentary body, which was scheduled for today (Friday), but it could be discussed in the meeting.
Although the matter is subjudice, yet it may be considered to deliberate on this issue, he added. According to the agenda, the meeting of the parliamentary committee on national security would discuss the situation arising out of November 26 Nato air strike in Mohmand Agency.