SC restrains state institutions from any extra-constitutional step

ISLAMABAD: A larger bench of the Supreme Court of Pakistan led by Chief Justice of Pakistan Justice Nasir-ul-Mulk while hearing a petition filed against any possible extra-constitutional steps ordered all state institutions and officials against taking any steps in violation of the Constitution of Pakistan.

The court further said that violation of court’s orders would be treated as treason and punishable under Article 6 of the Constitution and also issued notice to the federation.

Other members of the apex court’s larger bench include Justice Jawwad S. Khawaja, Justice Mian Saqib Nisar and Justice Asif Saeed Khosa.

The order further state that the apex court in its July 31, 2009 judgment had issued clear instructions over the issue and its implementation was applicable on every one.

Justice Asif Khosa remarked that the petitioner fears a situation like November 3, 2007 when the constitution was violated by imposition of emergency by then dictator and president general (retd) Pervez Musharraf.

The petition was filed by the president Supreme Court Bar Association, Kamran Murtaza, who said that fundamental rights were in danger and had requested the court to issue an order against any possible extra-constitutional steps that could be taken in the country in light of the country’s prevailing sensitive political situation.

Presenting his arguments the petitioner had said that the country was undergoing a critical situation since the past two weeks and fear were being expressed that the parliament and democracy was in danger.

He added that the National Assembly had also approved a resolution in this regards and that such a resolution is not required under normal circumstances. The petitioner also read out the summary of the resolution approved by the National Assembly.

Attorney General of Pakistan told the bench that he supported the stance of the petitioner because it was a matter related to fundamental rights and political stability.

He further said that earlier the Lahore High Court had also issued a judgment in this regard and the courts had ordered that the government could not be removed through any unconstitutional measures.

The SC had formed a larger bench to hear the case on Wednesday while a notice was also issued to the Attorney General for Pakistan (AGP) in this regard.-DNA


About the Author