Emmie
RETIRED MOD
- Joined
- Apr 23, 2011
- Messages
- 5,756
- Reaction score
- 8
- Country
- Location
Here you go Sir, the Supreme Court has spoken on this matter too. Legally, everything is just about as clear as mud, but then again, may be it is only appropriate for the all the mud wrestling going on right now.:
SC orders state institutions against 'unconstitutional steps' - Pakistan - DAWN.COM
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, DawnNews reported.
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 judgement had issued clear instructions over the issue and its implementation was applicable on every one.
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 an 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, had been issued with a notice prior to the hearing, told the bench that he supported the stance of the petitioner because it was a matter was related to fundamental rights and political stability.
He further said that earlier the Lahore High Court had also issued a judgment in this regards and the courts had ordered that the government could not be removed through any unconstitutional measures.
In his arguments, attorney general also mentioned a Supreme Court ruling in India which had prohibited a political rally from taking place against the government.
This is not the judgement, it's an order more like instructions that court has passed while ordering issuance of the notices to the respondents. Actually things have started blossoming out, court has warned all the institutions including the institution headed by a man bearing a command stick. What this news item has failed to report is the essence of the order, it says "State authorities and functionaries are directed to act only in accordance with the Constitution and the law who shall be guided by the principles of Constitution and Law enunciated in the case of Sindh High Court Bar Association v Federation of Pakistan"
Famous case that covers emergency and subsequent events of 2007.
