Drone strikes do not fall under judiciary's domain, rules SC

The petition demanded that US be declared an enemy state and diplomatic personnel be expelled.

ISLAMABAD: Pakistan's Supreme Court on Wednesday dismissed an appeal against US drone attacks in the tribal areas of the country on the grounds that the issue was not for the judiciary to resolve.

The Supreme Court said that the issue of drone strikes was related to the foreign policy, defense and security of the country and did not come under the judiciary's domain.

The petition against the drone strikes was filed by a group of lawyers, called Wukala Mahaz Barai Tahafuz Dastoor.

The petition demanded that "federation be directed to command the armed forces of Pakistan to defend the country against external aggression posed by the American forces under the cover of NATO".

"An authoritative declaration be made that USA is an enemy state and measures be taken under the domestic law to expel diplomatic personnel and seize their assets," the petition continued.

However, the Supreme Court said that the judiciary could not be expected to make such executive decisions.

Headed by Justice Mian Saqib Nisar, the bench observed that the court could not declare US an enemy state and said that it was for the Parliament and the government to decide.

The petition demanded that if the nuclear arsenal in the country was incapable of protecting Pakistan and was instead a threat to its survival, it should be sold to the highest bidder in the international market or be kept in Iran's safe custody.

A two-judge bench of the apex court stated that such issues did not fall within the judicial domain for interference under Article 199 of the Constitution.

“Any such interference by the courts would be in breach of the founding principles of the Constitution, which envisages a trichotomy of powers between the legislature, executive and judiciary," wrote Justice Tassaduq Hussain Jilani in the court order.

The senior most judge in the apex bench, Justice Jilani said that the petition lacked merit and dismissed it.

It is the second time in a week that Justice Jilani has maintained in a separate judgement that judiciary could not interference with the executive affairs of the country on the principle of trichotomy.

He is expected to assume the role of Chief Justice after the retirement of the incumbent Chief Justice Iftikhar Muhammad Chaudhry.