LAHORE - A former Indian judge has said that Pakistan’s Supreme Court crossed the limits when it disqualified former prime minister Yousuf Raza Gilani.
According to Katju, there are several categories of contempt and every related case does not invoke disqualification. “Yousuf Raza Gilani didn’t say that the Supreme Court takes decisions after receiving bribes or its verdicts are based upon malafide intentions. He could have been declared disqualified if he had said so.” Katju added the Supreme Court was just told that the case did not fall into its domain and the president enjoyed immunity under Article 248 of the Constitution.
“How this argument is defaming the Supreme Court. It means that no one can raise objections. If a lawyer tells the court that the matter does not fall into your jurisdiction, then would he be sent to the prison? He is not abusing you; he is raising a legal point,” the retired Indian judge said.
Katju said in case of differences with the president, it was very easy for a chief justice to issue unconstitutional order and then declare the prime minister disqualified when he objected to it. “Democracy doesn’t work in this manner. Prime minister runs the government while enjoying the confidence of the Parliament and not the Supreme Court or the chief justice,” Katju remarked.