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LONDON - Prominent politician and lawyer Senator Aitzaz Ahsan has said judiciary in Pakistan, in some matters, is going beyond the Constitution and overstepping its limits. Judicial activism of Supreme Court is partial and not equal in all affairs. In an interview with BBC, Aitzaz Ahsan said judiciary was free, very much free, and even in some matters overstepping its limits. Aitzaz said parliament could amend the constitution with two-third majority which could not be challenged in the court. He said Chief Justice Iftikhar Muhammad Chaudhry’s defiance against Musharraf strengthened the democracy in the country. However, he added, what happened afterwards making the people to talk about judiciary. He said disqualification of former prime minister Yousuf Raza Gilani was a wrong decision by Supreme Court. He said the case in which Gilani was disqualified was not a matter of eligibility, instead, it was a matter of court’s jurisdiction. Aitzaz said when it was clearly mentioned in the constitution that president of the country could not be prosecuted, how the apex court could order to try him in another country. Aitzaz said remarks given by chief justice that judiciary could bar parliament from amending the constitution was contrary to its own decisions. He was of the view that apex court could review a law enacted with a simple majority to see whether it was contrary to any clause of the constitution or not. But, an amendment in the constitution with a two-third majority could not be challenged in the apex court, he said. He said now it was unlikely that army would take over owing to some decisions by the apex court which eliminated possibility of another martial law. Referring to Arsalan Iftikhar case, Aitzaz said now people were raising fingers at judiciary questioning whether the apex court would be able to keep itself a balanced institution. He was of the view that court was deviating from the set principles of investigation in the Arsalan-Riaz case.Aitzaz said he had no regrets for taking part in the movement for restoration of judiciary. It was a movement for masses’ victory, he added.To a question, he said PPP would win the next elections and rule the country again, for, President Zardari had a vast experience of making a coalition government.






