Dont derail a thread in senior's cafe and Palestine is not a disputed area...it is a recognized independent state by a number of nations! Kashmir is not a recognized independent state by ANYONE!
https://www.washingtonpost.com/news...-palestine-as-a-state/?utm_term=.bddda718a028
He has a point there.. And let me explain it. Look each institution and the individuals of the institution have powers which are defined within the constitution. Correct.
The constitution's very first article is titled the republic and its territories so in its very first article section it states that the name of the republic and the second section and this is important, is its territories defined fully.
Now why is that? Why were the territories the first thing to be mentioned before anything else?
Bcz every article to follow will have its powers and limits contained within that territory.. It cannot surpass it.
This means that the greatest power an individal or institution in Pakistan can have is limited to the extent of the territory so defined in article 1 section 2.. Right
Which means that nobody can make a constitutional or legal order outside Pakistani territories.. Bcz he doesn't have the power allotted.
Now the supreme courts power is also victim to this limit.. The judiciary of Pakistan has its powers covered in article 176-191 ...
Now read the following
187. Issue and Execution of Processes of Supreme Court.
(1) Subject to clause(2) of Article 175, the Supreme Court shall have power to issue such directions, orders or decrees as may be necessary for doing complete justice in any case or matter pending before it, including an order for the purpose of securing the attendance of any person or the discovery or production of any document.
(2)
Any such direction, order or decree shall be enforceable throughout Pakistan and shall, where it is to be executed in a Province, or a territory or an area not forming part of a Province but within the jurisdiction of the High Court of the Province, be executed as if it had been issued by the High Court of that Province.
(3) If a question arises as to which High Court shall give effect to a direction, order or decree of the Supreme Court, the decision of the Supreme Court on the question shall be final
Plus we have article 189 as well which says all decisions of supreme courts are binding only on courts IN PAKISTAN..
Now match this with article 1 and section 2 and you will see what he is saying.
How can the supreme court issue an order directing its power upon a territory that is not part of Pakistan constitutionally? How can this order be given?
This is why I am waiting for the SC order in full form to be read bcz this is a very interesting question in legal sense.. How is the supreme court able to penetrate the limits set by the constitution.. Bcz Karachi agreements and the GB own decision to join Pakistan does not have any effect in the constitution bcz GB is not mentioned territorially as Pakistan...
Bcz if so then we can extend our courts power upon other regions in the neighborhood as well that do not territorially make up part of Pakistan. Let's do it with IOK or even Afghanistan.
There needs to be a very good legal and satisfactory explanation for this.. The only way I see it is if the SC recognizes GB as part of Pakistan but then why order a referendum? Why not just a lot them the representation?
The order in media is a mess and I hope the longer version will explain this weirdness.
If this was an unclaimed land void of people so annexed then it can only be done after the annexture and proper amendment.
Also a state does not require recognition to function as a state..
The definition of a state is that a state is composed of three elements which must be fulfilled for it to function as state.
1. Territory.
A composed fixed territory must be present for the existence of a state.. A nomadic tribe is not a state.
2. The people.
A state must have subjects. It must be composed of a population or a nation. A piece of land floating on the sea is not a state.
3. A government.
There must be some form of structure composed for a state to function and fulfill its responsibilities. Laws e.t.c and it can be any form as monarchial or tribal e.t.c
Recently number 3 got a slight change with that the government must be popular...
Thus a state can be formed of it fulfills the above..
Recognition is simply an effect for state relations and it has two forms. Defecto and dejure.. Its happening or non happening does not mean a state does not exist...
But this is entirely a different topic...
Vcheng was basically saying how can SC extend its power upon a territory not part of Pakistan as mentioned in the constitution...
This is why I want a solution for this bcz you see the legal void the people of AJK and GB find themselves in.