SC moved for accountability of judges, generals

LAHORE – A constitutional petition was filed in the Supreme Court on Wednesday seeking inclusion of words ‘Sadiq’ and ‘Ameen’ (honest and righteous) and their implementation in text of oaths taken by judges and army generals like the public office-holders.

Barrister Zafarullah Khan of Watan Party filed the petition before Supreme Court Lahore registry, and made Ministry of Law, Justice, Human Rights and Parliamentary Affairs, chairman Senate, speaker National Assembly and SC registrar as respondents.

The lawyer-petitioner said that the concept of accountability which is being defined and applied discriminatory to the civilians and when it comes to judges and generals, they are being sheltered and protected and considered as immune from accountability.

He said they are protected from public accountability while there are so many cases lying pending in their own departments such as Supreme Judicial Council and Army Boards. The lawyer said particularly higher judiciary and military courts have become ‘sacred cows’.

He said the civilians are the voters who have given the Constitution through their representatives sitting in the parliament and parliament is the supreme. But in reality, he said, it is being undermined and its privileges are demolished by higher judiciary which has coined few terms Doctrine of Necessity, interpretation of Constitution and concept of complete justice even make rules which in certain cases are to be made by the parliament and concept of complete justice which are subjective tests which mean different learned judges have different views in different cases.

The petitioner asked the Supreme Court to not take over the jurisdiction of the parliament and sought accountability of the judges by parliamentary committee since, what he claimed, the judiciary failed to conduct its own accountability. He also sought accountability of army officers/generals through the parliament, which was the representative of public. He contended that many a times in the history of Pakistan selected persons have taken over the power from the elected representatives of the public.

He said the accountability of all selected and elected persons is the privilege of parliamentary committees being representatives of the people. He said recent judgments by the Supreme Court interpreting Articles 62(1)(f) and 63 (1)(g) of the Constitution have not only changed the complexion of the articles but also taken over parliament functions arbitrarily. The petitioner requested the court to order inclusion of words sadiq and ameen in the oaths of judges and generals.

Source: The Nation