The Islamabad High Court on Wednesday dismissed as non-maintainable a petition filed by Pakistan People’s Party seeking annulment of the results of election for the Senate chairman’s slot.
IHC Chief Justice Athar Minallah presided over hearing of the case filed by former prime minister Yousuf Raza Gilani through counsel Farook H Naek and Javed Iqbal Weins. After the hearing, the IHC top judge threw out the petition, noting that proceedings of the Upper House of parliament are ‘immune from the interference’ of the high court. The court also expressed the hope that political parties and lawmakers will resolve their matters with each other without involving the judiciary.
In his judgement, Justice Minallah wrote that the “language used by the framers of the constitution is unambiguous and effective in order to prevent a court from encroaching upon the independence of the Majlis-e-Shoora (Parliament)”. He observed that the constitution ‘clearly prevents’ the courts from inquiring into the validity of proceedings of the parliament. Any attempt to ‘interfere’ in parliamentary proceedings would ‘undermine the dignity, prestige and independence’ of the parliament and ‘expose the apex constitutional legislative forum to undesirable and unwarranted criticism’, the IHC chief justice added.
Intrusions by the courts would affect the people’s confidence in the parliament while it would also have consequences for the judiciary “because it essentially exposes the courts to deal with matters having political content”, Justice Minallah said in the judgement. “In a politically polarised environment, intervention by the courts and that too in disregard to the constitutional privileges, powers and immunities of the Majlis-e-Shoora (Parliament) is likely to have profound ramifications in the context of the confidence of the people relating to impartiality of the judicial branch,” he added.
Justice Minallah observed that the entire process of the Senate chairman election is ‘wholly outside’ the high court’s jurisdiction and declared Gilani’s petition as ‘not maintainable’. “This court expects that, in order to maintain the dignity, integrity and independence of Majlis-e-Shoora (Parliament), the chosen representatives and political leadership will endeavour to resolve disputes without involving the judicial branch of the State, by giving effect to the privileges, powers and immunities prescribed in the constitution,” the IHC judgement stated.
“The grievance of the petitioner in the matter in hand exclusively pertains to questioning the validity of proceedings of the upper House of the Majlis-e-Shoora (Parliament) and thus it is immune from interference by this Court under Article 69 of the Constitution,” the judgement said, adding that the process of election to the office of chairman of the Senate of Pakistan is definitely not administrative in nature and rather a formal transaction of business of the Upper House and can be fairly described as its internal proceedings.
“The entire process is thus wholly outside the corrective jurisdiction of a high court. Even if it was not so, this court would have exercised restraint because of its deference to the independence, dignity and prestige of the Majlis-e-Shoora (Parliament). The very nature of the composition and status of the two houses is such that the court has to presume that it has the ability to resolve the most difficult and complex disputes without involving the judicial branch.”
The court noted that the petitioner asserted that, as a joint candidate of the Pakistan Democratic Movement (PDM), he has the support of the majority of the worthy members of the Senate, adding that It is obvious that the majority cannot only remove current chairman Senate but also elect the Gilani to the office of the chairman. “If that is the case, then a democratic and adequate constitutional remedy is available to the petitioner (Gilani). Adopting such a course of remedy would affirm the support of the majority of the worthy members of the Senate and, simultaneously, enhance the dignity and independence of the Majlis-e-Shoora (Parliament),” the order stated.
The order further stated that the court is satisfied that an adequate constitutional remedy is indeed available for establishing that the seven worthy senators had actually intended to cast their votes in favour of Gilani. “In such an eventuality the judicial branch ought to exercise restraint, notwithstanding the bar contained under Article 69 of the Constitution.”
Gilani’s petition had urged the IHC to declare the result of the election as well as the decision to make Sadiq Sanjrani the Senate chairman ‘null and void’. The petition had also called upon the IHC to declare the rejection of the seven votes for Gilani as unlawful and thus return him as a candidate for the office of the Senate chairman.
