Press Council of India chairperson Justice Markandey Katju today came out strongly against Pakistan Supreme Court declaring that Yousuf Raza Gilani ceases to be Prime Minister,saying it has gone totally overboard and flouted all canons of Constitutional jurisprudence.
Pakistan Supreme Court has gone overboard,flouted all canons of Constitutional jurisprudence and is only playing to the galleries and not exercising judicial restraint, Katju said in an article.
While disqualifying Gilani,the court had held that he ceases to be Prime Minister with effect from April 26 when he was convicted of contempt for refusing to reopen graft cases in Switzerland against President Asif Ali Zardari.
Katju,a retired judge of the Indian Supreme Court,said,Section 248(2) of the Pakistan Constitution states: No criminal proceedings whatsoever shall be instituted or continued against the President or Governor in any Court during his term of office.
I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistan President, he added.
Katju also questioned whether the Court could remove a Prime Minister?
This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament,not confidence of the Supreme Court, he said.
Katju said that Pakistan Supreme Court,particularly its Chief Justice,has been showing utter lack of restraint which is expected of the superior Courts.
The Constitution establishes a delicate balance of power,and each of the 3 organs of the State,the Legislature,the Executive and the Judiciary must respect each other,and not encroach into each other’s domain,otherwise the system cannot function, Katju said.