SC restrains state functionaries from taking extraconstitutional steps

Apex court in its three-page order asks functionaries to act only in accordance with Constitution of Pakistan


Hasnaat Malik August 15, 2014

ISLAMABAD: Referring to its July 31, 2009 verdict, the Supreme Court on Friday restrained all state functionaries from taking any extra constitutional steps in the present political scenario.

The court in its three-page order also asked the functionaries to act only in accordance with the Constitution of Pakistan.

“All state authorities and functionaries are directed to act only with the accordance with the constitution and the law, who shall be guided by the principles of constitution and Law enunciated in the case of Sindh High Bar Association 31, 2009 verdict and they are restrained from acting in any manner unwarranted by the constitution and law," said the court order.

Earlier, the same order was passed by a seven-member bench on November, 3, 2007 against promulgation of emergency and PCO.

On August 13, the chief justice of Pakistan had constituted a four-member bench to hear a plea of the Supreme Court Bar Association (SCBA), seeking a declaration that any extra constitutional steps should be restrained in light of the present situation of the country.

The petition, put forward by SCBA President Kamran Murtaza, also seeks a declaration that the fundamental rights of the citizens of the country should not be violated by any authority or state functionaries.

The bench, headed by Chief Justice Nasirul Mulk and comprising of Justice Jawwad S Khawaja, Justice Asif Saeed Khan Khosa and Justice Mushir Alam, heard the petition today. Justice Mian Saqib Nisar is not part of the bench.

During the hearing, Attorney General for Pakistan (AGP) Salman Aslam Butt also requested the bench to pass an order that no unconstitutional steps will be taken by any institution including the army.

AGP, while supporting the bar's petition, said that paragraph 52 of July 31, 2009 verdict should be included in the Supreme Court's restraining order.

He also stated that country has faced around $3.2 billion financial loss due to political unrest, adding that all the demands of protesters are unconstitutional including the dissolution of government.

COMMENTS (50)

Aschraful Makhlooq | 6 years ago | Reply In fact behind the scenes Supreme Court gave indirect the this message to army from taking any steps in regard of interference in the current the most worst ever than dictatorship democratic system on the PML-N's leadership's commandments whereas this Supreme Court's verdict could be given before the this current situation.Why the these Supreme Court's remarks are given now????
Aschraful Makhlooq | 6 years ago | Reply In fact behind the scenes Supreme Court gave indirect the this message to army from taking any steps in regard of interference in the current the most worst ever than dictatorship democratic system whereas this Supreme Court's verdict could be given before the this current situation.Why the these Supreme Court's remarks are given now????
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