Why does Pakistan SC keeps citing Indian SC for big judgements ?

[Markus]

Pakistan apex court cites Indian Supreme Court to justify order​

The ongoing tension between South Asia's two big neighbours has not deterred the supreme court of Pakistan from relying heavily on judgments delivered by India's apex court to justify its verdict ordering the arrest of Pakistan PM Raja Pervez Ashraf on graft charges.

The Pakistan government, however, said on Wednesday that it would serve full term and hold polls by May 15.

The two judge bench, headed by Chief Justice of Pakistan Supreme Court, Justice Iftikhar Muhammad Chaudhry, in its 90-page verdict delivered on Tuesday, has cited 10 judgements from India's Supreme Court to drive home its point that courts have the power to judicially review government policies in exceptional circumstances.

"It is well settled that normally in exercise of powers of judicial review courts do not scrutinize policy decisions as was also decided by India's Supreme Court in 2002 in the case of BALCO Employees Vs Union of India, which made it clear that this will apply only in cases where government decisions are bonafide and not for any other consideration," the Pakistan's top court stated.

In rejecting Pakistan premier Ashraf's argument that the Supreme Court cannot adjudicate in the matter of contracts awarded by him in his capacity as the country's minister for water and power, the Supreme Court again relied on four judgments of India's apex court and also cited a verdict delivered by Andhra Pradesh High Court in 2009.

"As far as transparency in the process of awarding a contract is concerned, it squarely falls within the jurisdiction of this court's available power of judicial review. Reference may be made to the case of Ramana Dayaram Shetty v. International Airport Authority of India [Supreme Court (1979) SCC 489], three other related judgments and judgment dated 24.08.2009 of the Andhra Pradesh High Court in Nokia Siemens Networks Pvt Ltd v Union of India," the Pakistan Supreme Court stated.

Chief Justice Chaudhary and his colleague, Justice Khilji Arif Hussain have referred to a wide range of judgments by India's Supreme Court delivered between 1979 till date to strengthen their point that corruption in high places cannot be ignored merely by "hiding behind technical points in a desperate bid to defend the indefensible acts by those occupying responsible positions."

Pak apex court cites Indian Supeme Court to justify order - Hindustan Times

So my question is as to why Pakistan SC keeps Indian SC for giving out big judgements. Both countries have their own penal codes. What's the need for Pakistan SC to use Indian judgements as justification ?

 

[Contrarian]

Because all of Indian institutions are more mature and stable than Pakistani ones. And since almost all institutions of both are derived from British ones, Pakistan SC can look to SC of India for guidance as SC of India has been asserting its authority for long in India.

Its no biggie, SC of India also cited British legal judgements some decades back as precedents.

 

[arp2041]

Not just this, even Pakistani FM in defending her PM's corruption charges in US said that EVEN Indian PM faced similar charges. I mean what does it mean?? She was asked a simple question to defend her PM, instead of doing that she dragged Indian PM into the matter when it's totally an Indian internal Affair.

Even Indian Prime Minister faced corruption allegations: Khar

 

[Mech]

Nothing to thump chests about. Their judiciary does not have enough experience or maturity to cite their own cases. Many Pakistani lawyers receive training in India. It was the same for us for quite some time after independence. We used to cite cases from the UK, US etc ( basically, the countries from where we borrowed to come up with our constitution, which is presently the worlds largest ever )

Most big cases in pakistan have no precedence.

 

[MandarK]

There is a difference between citing a case as a reference and using a case as a justification. Pak SC cannot site Indian case as a justification of its own decision but it can site Indian cases as a reference or example.

In our country also a lot of foreign cases are cited.

Nothing unusual in it.

 

[darkinsky]

nothing unusual in it, but many indians will come here and glorify their nation and belittle pakistan as usual

 

[Armstrong]

What is so strange about that ?

So many British & Commonwealth Cases are cited in Pakistani courts; thats what 'judicial precedent' is all about !

Heck I had to be tortured with cases to the tune of 'Carlisle vs Liverpool City Municipal Council', in my Corporate Law classes ! Torture...pure torture remembering them !

 

[Mech]

nothing unusual in it, but many indians will come here and glorify their nation and belittle pakistan as usual

Ofcourse. There is much to "belittle" about.

Just usual.

 

[fatman17]

the laws are the same from the british legacy.

 

[Mech]

the laws are the same from the british legacy.

Not even close, not the present Indian constitution anyway , it borrows from everywhere ( bulk of the original is from the US ). Not to mention, the complete absence of sharia.

It will be a very pleasant day when think tanks actually learn to think before they speak.

 

[dearone4u_22]

What is so strange about that ?

So many British & Commonwealth Cases are cited in Pakistani courts; thats what 'judicial precedent' is all about !

Heck I had to be tortured with cases to the tune of 'Carlisle vs Liverpool City Municipal Council', in my Corporate Law classes ! Torture...pure torture remembering them !

So u r a Lair............ i mean Lawyer

From now on I will refer all My dispute on PDF impasse while Trolling to be Settled by U According to Law of the Land

PS:- No money ..u will have to do it for Goodwill between two countries

 

[Armstrong]

So u r a Lair............ i mean Lawyer

From now on I will refer all My dispute on PDF impasse while Trolling to be Settled by U According to Law of the Land

PS:- No money ..u will have to do it for Goodwill between two countries

No unfortunately not !

I'm a munshi...I mean an accountant !

 

[AHAM BRIHMASMI]

Pakistan apex court cites Indian Supreme Court to justify order​

The ongoing tension between South Asia's two big neighbours has not deterred the supreme court of Pakistan from relying heavily on judgments delivered by India's apex court to justify its verdict ordering the arrest of Pakistan PM Raja Pervez Ashraf on graft charges.

The Pakistan government, however, said on Wednesday that it would serve full term and hold polls by May 15.

The two judge bench, headed by Chief Justice of Pakistan Supreme Court, Justice Iftikhar Muhammad Chaudhry, in its 90-page verdict delivered on Tuesday, has cited 10 judgements from India's Supreme Court to drive home its point that courts have the power to judicially review government policies in exceptional circumstances.

"It is well settled that normally in exercise of powers of judicial review courts do not scrutinize policy decisions as was also decided by India's Supreme Court in 2002 in the case of BALCO Employees Vs Union of India, which made it clear that this will apply only in cases where government decisions are bonafide and not for any other consideration," the Pakistan's top court stated.

In rejecting Pakistan premier Ashraf's argument that the Supreme Court cannot adjudicate in the matter of contracts awarded by him in his capacity as the country's minister for water and power, the Supreme Court again relied on four judgments of India's apex court and also cited a verdict delivered by Andhra Pradesh High Court in 2009.

"As far as transparency in the process of awarding a contract is concerned, it squarely falls within the jurisdiction of this court's available power of judicial review. Reference may be made to the case of Ramana Dayaram Shetty v. International Airport Authority of India [Supreme Court (1979) SCC 489], three other related judgments and judgment dated 24.08.2009 of the Andhra Pradesh High Court in Nokia Siemens Networks Pvt Ltd v Union of India," the Pakistan Supreme Court stated.

Chief Justice Chaudhary and his colleague, Justice Khilji Arif Hussain have referred to a wide range of judgments by India's Supreme Court delivered between 1979 till date to strengthen their point that corruption in high places cannot be ignored merely by "hiding behind technical points in a desperate bid to defend the indefensible acts by those occupying responsible positions."

Pak apex court cites Indian Supeme Court to justify order - Hindustan Times

So my question is as to why Pakistan SC keeps Indian SC for giving out big judgements. Both countries have their own penal codes. What's the need for Pakistan SC to use Indian judgements as justification ?

There is nothing wrong in it. every nation's judiciary including India, Pakistan, US, UK refer to other country's judgements where there is no clear rules and previous precedence are available in that country to refer with.

 

[dearone4u_22]

No unfortunately not !

I'm a munshi...I mean an accountant !

I m not Sharing my Financial details with u ......

Pata chala u sent those to Indian IT dept......And nxt day I m Accompanying Kalmadi in Jail

 

[MandarK]

So u r a Lair............ i mean Lawyer

From now on I will refer all My dispute on PDF impasse while Trolling to be Settled by U According to Law of the Land

PS:- No money ..u will have to do it for Goodwill between two countries

How about an Indian Liar....i mean lawyer??