The chief justice made the remarks during the hearing of a case pertaining to increasing number of judges in Islamabad High Court (IHC).
During the hearing, the advocate general Islamabad informed the court that the federal cabinet has accepted recommendations in this regard.
At this, Justice Nisar said he should be informed through proper channel as to what legislation had been made.
He directed the advocate general to inquire about the matter from the law secretary, saying that the high court was unable to function in current situation.
The chief justice also directed the secretary for tabling of the draft legislation prepared by the government in the parliament.
Last week, Justice Nisar had asked the government to look into the matter of increase in number of IHC judges, or else the apex court would take a suo motu notice.
During his conversation with Additional Attorney General Ishtiaq Ahmed Khan, the chief justice had recounted that the government was forwarded recommendations pertaining to increasing number of judges in the IHC during the tenure of caretaker government.
Justice Nisar had said there were only four judges in the IHC, who were greatly burdened.
He had said a two-member bench of the IHC could not be constituted owing to shortage of judges.
Separately, Chief Justice of Pakistan Mian Saqib Nisar said on Thursday that the federal government has not been restrained from building hospitals in the provinces adding that the “parliament did not debate on the 18th Amendment before passing it.”
In a hearing conducted at the Supreme Court regarding the transfer of trust hospitals after the 18th Amendment, the CJP stated that if a building is located in a province, it doesn’t mean that it has been transferred to that province.
“All over the world amendments are debated upon before being passed as laws,” he remarked adding that no debate took place on the 18th Amendment.
“How can our parliament approve the 18th Amendment without any debate?” CJP questioned.
Raza Rabbani told the court that though it was true that the amendment bill was not debated upon, the draft for the bill took nine months to prepare.
The CJP during the hearing stated that the federal government had not been restrained after the 18th Amendment from building hospitals in provinces or cities and if the provinces fail to provide facilities to the people, the government should step in.
“How is this possible that the federal government builds hospitals and leaves it at the hands of the provinces to destroy,” Justice Nisar remarked.
Rabbani stated that the court should ask the parliament to resolve this issue.
Published in Daily Times, January 4th 2019.
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