Pakistan

"Objectives Resolution of 1949 misused intentionally"

Chief Justice said that the Objectives Resolution of 1949 has been misused in the Constitution of 1973.

Express June 08, 2010

Chief Justice Iftikhar Muhammad Chaudhry said that the Objectives Resolution of 1949 has been misused in the Constitution of 1973.

He said this during today's hearing of petitions filed against the 18th amendment.

The chief justice said that in the past, parliaments in Pakistan have used legislation to render the Supreme Court's decisions ineffective. He said the constitution has always been intentionally misused.

Senior lawyer Abdul Hafeez Pirzada sought a copy of the 1973 Constitution from the attorney general during the court proceedings today.

The attorney general assured about the provision of a parliamentary record of debate in the Supreme Court.

The hearing was adjourned till tomorrow.

COMMENTS (8)

Fareed Ahmed | 14 years ago | Reply The 'Objectives Resolution 1949' has been exploited and high-jacked by the theocratic forces! A peaceful religion has been made a war machine by a few.

spinkane | 14 years ago | Reply Out of 17 judges, there are 12 who took oath on PCO. Other PCO Judges were sent home,but these 12 are "MORE THAN EQUAL".Parliament is supreme because they represent the will of the people of this country.We are heading towards a disaster due to judicial activism.

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Azad | 14 years ago | Reply The sooner this whole system including PCO 1 judges collapses the better. Army should throw all these political (although they play by different means)actors out and appoint CJ of Baluchistan as the new CJ, who should keep people like Justice zahid and justice Nisar and clean house. Appoint everyone from top to bottom transparently!!!!.

fraz | 14 years ago | Reply Dear many things in pakisan is misinterpreted yes servant can question its master it is parallel to Islamic laws and sharia on which Pakistan came into existence. It was decided that the rules and laws should built on the spirit of Islamic Principles or if not built exactly islamic. In coloniasm and other western parts before world war servant did not have the right to question but after that they gradually introduce the rights of servants and workers also. Militaries are still missing these rules as they are working on same world war 1 rules so in military lower command didnt have a right to contradict higher command or court marshal

Ammar | 14 years ago | Reply What about Supreme Court Judges who have written parallel Constitution in the name of interpretation? Was it not the Supreme Court which considered Law Of Necessity as correct and upheld it up to 2007 since its inception. Why talk of Parliament and politicians only, why not Supreme Court and THE JUDGES, why not throw away the mask altogether? Why these double standards? People like Hamid Khan, Qazi Anwar, Abdul Hafeez Peerzada, Sharifud Din Peerzada etc, all should be ashamed of their selves. Legislature has the right and mandate to amend the constitution. And unelected people (minor minority) should not be encouraged to put such stupid cases in the SUPREME COURT, and judges should consider their position while commenting mindlessly. Remember will of the people!

mumtaz qureshi | 14 years ago | Reply supreme court has a right to interpret any legislation pass by parliament and amend it as per constitution of pakistan because they are professional guys .We should kept in mind that legislator sitting in our parliament have a faces like jamshed satti and Ferdous Ashiq Awan( heera mindi).How could we accept a fair legislation from these culprits.

Farigh | 14 years ago | Reply Heading towards the disaster now. Judiciary thinks they are the new ruler now, stepping over its limits.

Ali Wistro | 14 years ago | Reply That is not good done by supreme court because under constitution it works, then how could a servant questioned by his master...... and mind that chudhery is also PCO judge under 2002. then why he did not notice himself. a man who said that i have restore the supreme court ( nawaz sharif) why dont notice that what he did with the justice Sajjad shah................ is that rule of pakistan.......... what is that............

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