News
Thursday, January 05, 2012
SC gives ‘loud and clear message’ to all
No more martial laws
* CJP says only constitutional system will work in country as long as they are sitting
* Says SC has blocked the way for setting up military courts forever
ISLAMABAD: Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, on Wednesday, remarked that through judicial orders, the Supreme Court had blocked the way for introduction of military courts forever and only the constitutional system would function in the country.
The chief justice, who was hearing the presidential reference to revisit Zulfikar Ali Bhutto (ZAB) case, said attempts had been made in the past for the constitution of military courts but the court had terminated military court’s law in the Liaquat Hussain case. “It is a loud and clear message to all, nobody should be in any illusion furthermore, so long, we are sitting and functioning under the Constitution, InshAllah, nothing will happen to the system. Those days are over when people feared that something would happen overnight,” Justice Chaudhry asserted.
While referring to dictatorial regimes in the country, the chief justice categorically said that adventurism took place in the past and there is no place for military rule in the country now. He observed that the bench will deliver an exemplary judgement in the ZAB case, adding that the bench has to judge whether the SC could revisit any duly decided case or not under the Article 186 of Constitution. He said that the president of Pakistan is the symbol of federation, therefore he should treat everyone equally and should not send the case of an individual to the court.
Sindh Advocate General Fateh Malik argued in favour of the presidential reference, while the federation’s counsel, Dr Babar Awan, said that history is witness that the judges in the ZAB case were biased. He said the clients could better assess the impartiality of a judge or prejudice of a verdict.
The constitution binds the court to hear the question sent by the president, he said, adding that it was a settled law that the president sends questions under Article 186 of the Constitution.
Fakharuddin G Ibrahim, amicus curiae, said that the judges in the ZAB case had accepted that there was pressure on them. He said if the court came to the conclusion that the judgement was biased then it should be seen as mala fide and the court should give the opinion to the president that the judgement was biased and of no legal effect. This, he said, would rehabilitate Bhutto politically.
Abdul Hafeez Pirzada, another amicus curiae, said the incumbent judiciary, after its restoration, gave a sacrifice of 102 judges, and if the reference is sent back without any judgement, the sacrifice will go waste. Sindh Attorney General Fateh Malik pleaded that the founder of 1973 Constitution was not provided justice by the court, and now this case demands that justice be done. He said the court has to see whether to reopen this case or not, adding that the question sent to the court under Article 186 are related to public importance. The chief justice observed the case should not be seen with passion but in accordance with the constitution and law. staff report/agencies
Courtesy www.dailytimes.com.pk