Courts can’t interfere in policy matters: SC

Observes that Balochistan CM did not object to 2023 census results at CCI meeting

ISLAMABAD:

The Supreme Court has observed that the Council of Common Interest (CCI), as a constitutional body dealing with policy matters, is beyond the purview of individual or judicial interference.

"Decisions made by the CCI can only be reviewed by a joint sitting of parliament, not by the judiciary," stated Justice Jamal Khan Mandokhail on Monday.

Justice Mandokhail, part of a three-member bench led by Justice Ijazul Ahsan, made these remarks during a hearing on a petition challenging the results of the 7th Population and Housing Census 2023 for Balochistan.

The petitioner initially contested the census result in the Balochistan High Court (BHC), claiming an undercounting of the province's population. Despite the BHC dismissing the plea, the petitioner brought the case to the Supreme Court.

Justice Ahsan noted that the Balochistan government, including the chief minister as a CCI member, had not contested the CCI's decision or objected to the census results.

"If individual requests are entertained, it will open a Pandora's box. The CCI, a special constitutional body, deals with policy matters, and neither individuals nor the courts can interfere in these matters," he emphasized.

Justice Ahsan questioned the legal basis for the CCI's final approval of the census, asking for the relevant law relied upon by the federal government for the census notification.

When asked about the 2017 census population of Balochistan, lawyer Kamran Murtaza explained that due to the deteriorating law and order situation, no census was conducted in 2017.

According to the current census, Balochistan's population is reported to be over 1.25 crore. However, Murtaza suggested that Balochistan's actual population could exceed 2 crores. The court granted Murtaza additional time to assist in the matter, adjourning the proceedings for one week.

On August 5, the CCI "unanimously" approved the results of the 2023 digital census, according to a statement from the Prime Minister’s Office. The CCI is a constitutional body in the Government of Pakistan, appointed by the president on the prime minister's advice.

It resolves disputes regarding power-sharing between the federation and its provinces, operating under the Ministry of Inter-Provincial Coordination and being accountable to both houses of Parliament, the Senate, and the National Assembly.