ISLAMABAD: Less than a week after the democratically elected prime minister Yousaf Raza Gilani was sent home on charges of contempt, Chief Justice Iftikhar Muhammad Chaudhry remarked that the law applies to everyone, regardless of their status, power, caste, creed or religion and above all, no one can claim supremacy over and above the law.
He was talking to a 50-member delegation of Youth Parliament accompanied by Chairman Steering Committee SM Zafar, member Wazir Ahmed Jogezai, former deputy speaker National Assembly and officers of Youth Parliament Secretariat.
“Where any question of public importance arises with reference to the enforcement of any of the Fundamental Rights ensured under the Constitution of Pakistan, then the Supreme Court has the power to make any appropriate order for the enforcement of these rights,” the chief justice asserted.
He said that the apex court, in its successive judgments has stressed the need for adherence to the law and the Constitution and compliance with the rule of law and due process requirement to establish a system of civilised governance in the country.
SC can review laws repugnant to Constitution
The chief justice further said that the Parliament is required to formulate laws in accordance with the Constitution for the betterment of the public at large so that these laws can be made applicable. He added that the Parliament cannot legislate any law repugnant to the Constitution and against the injunctions of Islam or contrary to fundamental laws.
“If such a law is promulgated, then the Supreme Court under its power of Judicial Review can review it. The underlying object of judicial review is to check the abuse of power by the public functionaries and to ensure just and fair treatment to the citizens in accordance with the law and constitutional norms.”
Referring vaguely to the much talked about clash of institutions, the chief justice said that every organ of the state enjoys complete institutional independence within its constitutional domain, however, any excess or misuse of power beyond that domain becomes the subject matter of judicial scrutiny.
He said the Supreme Court, to the exclusion of any other court, has the jurisdiction to pronounce declaratory judgments in any dispute between the Federal Government and a provincial government or between any two or more provincial governments under Act 184(1).
The chief justice also advised members of the Youth Parliament to study basic features of our Constitution and how the document has been interpreted by the courts to acquaint themselves with the constitutional history and the role of superior courts in protecting the fundamental rights and the constitutional development of Pakistan.
Senator SM Zafar said that the Youth Parliament is willing to bring about change if they are given a chance.
He further pointed out that in Pakistan, education has not been taken care of because if it had been properly taken care of, the country would have flourished.
The chief justice presented the Supreme Court Annual Report to the Youth Parliament which provides information on the workings of the Supreme Court.
The delegation also presented a shield to the chief justice.
Earlier, Dr Faqir Hussain, Registrar Supreme Court of Pakistan, welcomed the Youth Parliament to visit the Supreme Court.
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judiciary is not above law and Constitution.
@Abdullah Khan Different circumstances requires different point of views. When a PM commits crime as an individual there the different law will apply.
But he himself is not law. Where was his law when he validated Musharraf's take over?
"@Amed: If an elected PM commits murder what should the court do about that? Please reply"
Well, Supereme court has no role in this case except that of listening final appeal. In this hypothetical case a FIR will be registered and the PM will be tried by a Session judge. Still no court has authority to remove him from the post of PM, only parliament can unseat him.
Since when the Honurable Judges started explaining their judgment ,meeting public & appearing in press. Moreover when the judges started telling people what is in their mind on certain issues ?????????????? Can any one highlight any country where judges are in news every other day
@Abdullah Khan, religion is outrageous to atheists like @plarkin
What a joy to have someone who really cares for Pakistan and feels its spirit in his heart.
With all due respect, you sir/madam seem so ignorant of the constitution and the country that your views can be safely dismissed.
I agree with the CJ, but my question is what about people or institutions who think they are law and interpret and apply the law according to the law of neccasity. Give cover to military rule thus sanctioning breaking of law and constitution...accepting perks and promotions in the name of law....
@@plarkin: my frnd if u havnt forgoten the idealogy of pakistan u wud havnt said that !!!
@Amed: @Z: Its not Amed but you better take a lesson in constitutional law Sir....
In Pakistan Law rules not the Justice. So lets pray someone comes and give us Justice.
@@plarkin: dude what he said is written in constitution which was prepared and passed by consensus. Moderates like ZA Butto were there. So why is it outragious for you?
@Amed: If an elected PM commits murder what should the court do about that? Please reply
@Amed: You are absolutely right. Unless PM commits a crime there is no way CJP can depose a sitting PM.If PM commits a crime however, then SC can and should disqualify,as no one is above law.
No one can claim supremacy over and above law: Chief Justice
There are millions of suppressed people in Pakistan who cannot buy law similar to rich and the mighty.
The law is implement when a poor a caught stealing some thing to meet his end needs.
But the rich and mighty who evade government taxes roam freely in the country without any hindrance.
One cannot make the disqualification of former PM Gilani as precedent and bench mark to quote an example that the former PM was sent packing home for not writing a letter to Swiss Authorities.
The day when an ordinary person will get justice then and there, one can say that justice prevail in the country.
No one can claim supremacy over and above law: Chief justice
And which Article of the Constitution or Islamic Law provides for COAS Presidents and PCO Chief Justices, PLEASE?
We thank God Almighty for having you where you are.
@Amed: Where in the constitution does it say the Supreme court can't. By the way people saying it took only 5 days, you should know the CJ's only critiques are the ones who are saying that why thu took so long and why they took years for the NRO case! It is not a 'matter' of 5 days but years of defiance by the PM. The common man should be happy that he an the primeminister have been put in the same basket and today no difference exists between a 'peon' and 'PM'.
Right, but not wise words.
"Parliament cannot legislate any law repugnant to the Constitution and against the injunctions of Islam " Does it mean that Secular constitution is ilegal and out of question?
There were rumors that PPP will try to get an amendment passed from the assembly which will bar the SC from interpreting immunity clause of president adversely. Justice Chaudhary is daring the national assembly not to do it otherwise it will strike such amendment down.
In any civilized nation of the world or a remotely constitutional democracy, you sir would long have been a former chief justice.
What about him????!!!!
Black coats and are above the law.
Same way super judges has no power to misinterprut the wordings of the constitution accouding to their whims & fancy. If they do then democracy will become judocracy
Well "amed" it does say ANY one who is covicted of a crime like elecetd glilani was, cannot continue to hold public office or be the PM.. ok SC can send criminals home!
What about the indemnity that the Parliament gave to Musharraf and the PCO judges?
"Chief Justice Iftikhar Muhammad Chaudhry remarked that the law applies to everyone, regardless of their status, power, caste, creed or religion and above all, no one can claim supremacy over and above the law."
Is this a joke? Say that to the Ahmadiya people, Aisa Bibi and Dr Afridi.
is there any LAW which addresses our basic need of electricity and inflation ?
@Amed: Please get a clue about the constitution before you issue statements about it. A convicted criminal (which Gillani is) cannot be Prime Minister according to the constitution.
All are equal but some are more equal in the eyes are of Pak (pure) judicary e.g. Sharifs cannot be touched as they helped in restoration of CJ. Asghar Khan case is being not being decided since last 15 years but PM case is decided within 5 days.
Being long time some one came in pakistan .... hope for best.
Well Malik Riaz is obviously above the law, he has arrest warrants issued and the Islamabad police is protecting him!