Pakistan Chief Justice Iftikhar Mohammad Chaudhry on Tuesday said that former military ruler Zia-ul Haq “forged” the Constitution.
“General Zia-ul-Haq made forgery in the Constitution. The restoration of the Constitution is an achievement by this Parliament,” he said.
Chief Justice during the hearing said the change in the Objectives Resolution was a criminal negligence.
A 17-member larger bench of the Supreme Court is hearing the petitions against the recent 18th Amendment in the Constitution that empowers the Parliament and also subjects appointment of judges to the parliamentary body. The Chief Justice remarked that the Constitution is a sacred document and no person can forge this document.
“Gen. Zia-ul-Haq made forgery in the Constitution and then Assembly surprisingly didn’t take notice of it. The words about religious liberties of the minorities were omitted from the Constitution under a decree,” he said. Bar lawyer Hamid Khan endorsing the remarks of the Chief Justice said then Assembly passed the amendment without taking notice of the omission and thus it had also committed negligence.
Earlier, Mr Khan said the mechanism of judicial commission for the appointment of judges has been borrowed from South Africa, which has a presidential system of government.
The bar counsel said in UK, the judicial commission appoints magistrates and a member of the Parliament could not be taken in the judicial commission. The Chief Justice asked whether the top court has cancelled any amendment in such cases in the past. To this Hamid Khan said it has not happened earlier. However, the top court is entitled to review and interpret it.