ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar on Tuesday made it clear that the Supreme Court was empowered to review any law that was in conflict with the constitution.
The CJP was heading a three-member Supreme Court bench that also included Justice Umar Ata Bandial and Justice Ijazul Ahsan. The bench is hearing a case pertaining to the media commission.
The chief justice observed that the constitution gives powers to the apex court to review any legislation made by parliament and examine if it was in conflict with the constitution. He also directed the media not to telecast, broadcast or publish out of the context his remarks or observations made during the hearing of cases. He said presenting the court’s remarks or observations out of context creates ambiguity and problems, adding the remarks are made to understand the versions of each side. “These remarks are in fact questions. If we ask whether somebody is qualified or not, is it an insult of parliament,” he questioned, adding that asking questions from parliamentarians cannot be termed as insult of parliament.
Anchorperson Hamid Mir stated that people derive wrong meanings and perceptions out of CJP’s remarks. He said when remarks are heard and read with care and concentration, “it becomes clear that you (CJP) are not targeting any one.”
“We raise questions just to understand and not to target anyone,” the chief justice said. “We are not worried and will honestly continue to exercise our powers conferred upon us by the constitution and the law,” he noted.
Ministry of Information Secretary Sardar Ahmad Nawaz Sukhera told the court that the incumbent government had issued ‘directions’ to PEMRA only once. The chief justice replied that the number does not matter, and instead it has to be seen whether the law permits such ‘directions’.
Sukhera stated that the government had ordered suspension of transmission of TV channels during the Faizabad sit-in by a religious party last year because they didn’t follow the advisory issued by the PEMRA.
The chief justice then stated that he was about to issue orders for reopening of the TV channels on that day when Supreme Court registrar talked to the PEMRA chief and was informed that all TV channels will be on air by 2 pm. He said if deemed necessary, sending TV channels off air was the function of PEMRA and not the government.
The CJP noted that he had repeatedly stated that parliament was the supreme institution. “The constitution, however, is even above the parliament,” he maintained.
He said the court had been given an indirect message the other day that it cannot interfere in the laws made by the parliament. “Parliament cannot pass a law which is in conflict with the constitution. Court has to see the actions of executive/administration. It has the jurisdiction to review any law passed by parliament,” he said, and added that the legislature does not have any authority to pass a law which is in violation of the basic human rights enshrined in the constitution.
Justice Ijazul Ahsan noted that the government had gone on the back foot in the matter of PEMRA during the last two years. He said the government did not seem serious on the matter of making PEMRA an independent body.
“Tell us clearly whether government wants to give independence to PEMRA or not,” the chief justice asked. Sukhera told the court that the matter would have to be taken to the cabinet, for which at least two-week time may be granted. “Our focus is on the matter of making PEMRA an independent entity,” the chief justice said. “If government does not bring improvement in the status of PEMRA, then we will see what we can do,” he added.
The court also made Absar Alam (former PEMRA chairman), Nazir Leghari, Sami Ibrahim and others a party in the media commission case.
Published in Daily Times, February 21st 2018.
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