The Supreme Court has resumed the hearing of multiple petitions against the Practice and Procedure Act for the fourth consecutive day. A full court bench of the Supreme Court, headed by Chief Justice of Pakistan (CJP) Justice Qazi Faez Isa, is hearing the petitions.
On Tuesday, the MQM and Pakistan Bar Council had announced their support for the Practice and Procedure Act.
Beginning his arguments, Attorney General for Pakistan Mansoor Usman Awan said he would take about Article 191 and the independence of the judiciary.
He further said the Constitution mentions “subject to law” at various places, adding the right to privacy is also kept subject to law. Article 191 does not take away the right of parliament to legislate, he argued.
Parliament has given independence to the judiciary but has not rescinded its right to legislate, the AGP added.
There has been no amendment to Article 191 since the Constitution was made, he commented, adding that not amending Article 191 was to ensure the independence of the judiciary.
He further said that the right to legislation in the high treason and Right to Information laws was derived from constitutional provisions.
If parliament did nothing under Article 191 since 1973, it could mean that it accepted that the article did not allow for further legislation, Justice Muneeb Akhtar remarked.
