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)
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@Rex But people did not come out! You have 20,000 or so "Workers". The PEOPLE voted for PMLN and it is evident now that either People stayed in or outright rejected Khan so lets forget about that now. Further, the PILDAT survey from last week still shows Shahbaz at 59% NS at 53% of popularity both above IK so that is People Spoken there. Further, 70% of people found Qadri as most unliked person so there People spoken again.
What else you need? It is either PMLN for rest of the tenure or no one. Sorry but that is the realily.
Excellent step to stop these miscreants who are trying to be Ghaznvi by being thugs on the street
@H Chaudhry: Pakistan is not leased to Sharifs, people who elected him can also remove him. Peoples life and their well fare is more important than the monarch. Al Maliki has stepped back now and was forced to give way to a National Government,. The parliament decides on legislations and lawns while the Supreme court ensures implementation..
Rex Minor
Court is taking precautionary steps here. The ways demands are being thrown out and the ways some disgruntled people want to force their will on others, it is responsibility of courts to step in. I hope this settles with a face saving for every one. PM Nawaz must not go any where and complete his 5 year term unless Supreme Court finds clear riggion violations in PMLN won seats. A complete audit and re-election in about 30-40 seats including that of Karachi should be a good option.
Who will determine that elections are rigged or not. Tribunal's or shall we presume every allegations by PTI to be true. But I agree judiciary should not get involved why passed such stupid order. Can u stop forces thru orders.
Read carefully. It's about restraining state functionaries not the marchers!!!
What a joke this sc is..where was it when the govt chose to murder innocent civilians..wasn't that unconstitutional?
Justice Gullu Butt finally stepped into the arena.
Timely warning by court of law ! if ik and his worker were not in favor of army intervention why they are crying on this warning ! cat is out of bag dear!
Few time ago, IK himself said that there should be more person like CJ "Nasir-ul-mulk" in the Judiciary. And now his followers started mocking CJ. They don't even care or know what IK himself said. I wonder what would be the stance of IK.
The CJ was feeling left out.
The Judiciary of Pakistan achieved independence after huge sacrifices during lawyers movement. The Judiciary should refrain from indulging in political matters because that is not the function of the Supreme Court.
Secondly, being associated with law practice myself, I find it strange that 3 Judges in the bench out of 4 have affiliations / soft corner for a certain media group who helped PMLN rig the elections.
@Anjum Arshi: I am not an Imran supporter but I am against the tyranny of the Law where judges interefere in political questions on mere assumptions...
@Yousuf
U Pls dont stand with those who are against the elected prime minister!!!!
@Agnostic Khan: "This proves Imran’s allegations beyond any doubt that SC has become a wing of the Gullo Butt League….Why no Suo Moto on the Model town Carnage…?"
So you wanted the SC to protect the extra-constitutional steps that Imran Khan and the Canadian joker are attempting to oust the current elected government? And if SC prevents such steps its taking sides? Great thinking for a NEW PAKISTAN, now we know what it would look like....
The current Supreme Court of Pakistan like all other institutions missed the golden opportunity to reprimind the army involvement in the internal and external affairs of the country and acting as the private militia of the Government. The country definitely needs a separate independent body, which acts and interprets the country's constitution.
Rex Minor
Judiciary indulged deeply in political affairs...millions of petitions pending
Politicians becoming judges on streets, taking law and order in own hands.....voters keep suffering
Army busy in maintaining law n order....police is busy in protocol duties
and yet....its not a collapsed state....
Another Gullu Butt aka. CJ spoke up. The whole system is corrupt. Why didn't you hear the petitions before. You can't stop the nation now
So a preemptive Judgement for PMLN?
But no action against 18 murders in Lahore?
No Suo-motu against serious allegations that it's former chief is involved?
No Suo-motu against accusations that elections were all fraud?
So heavy mandated 'government' hides behind its won judges and courts in time of crisis. Marvellous.
Gullu Butts action in Gujranwala is constitutional? Please tell me CJ
now nobody listen to the order of LHC and S.C...since they got involved in political decision...there is no moral ground left after the corruption of Arsalan and involvement of judges in the rigging of 2013 election
Imran khan is only right all other institutions are wrong,,,People Do not offer Jumma Prayer.. Take one Picture of MR.Khan and appraise Him (By Imran Khan)
"2nd batsman of PML(N)!" Imran Khan would exclaim!!!
Its heartening to see that important pillar of state like SC won't tolerate any unconstitutional measures.
great....very good advise and statement by the chief justice to cool down any wannabe inqilabis
It is really unfortunate every political party including PML (N) ruling party of Pakistan has reservation on free and fair election that took place in 3013. But top Pakistani Court pronounces it a “legitimate government” that was formed through massive rigging. Hope Top Courts now start behaving like Pakistani Courts and stop behaving Sharif Courts in the Country.
Now imran will start blaming him too. Bring everyone from Mars to satisfy Mr. Khan
There you go. Mow wait for a decision and Imran Khan's allegations and no confidence on this Chief Justice too
Only that the gov isn't actually legitimate.
Strange laws being formulated & equally enigmatic decisions being slapped. After LHC decision on the hypothetical discussion, its now going one up.
Looks like soon IK and his PTI are going to get a wake up call which will deflate their tsunami bubble. It would have been better though, if they had seen the writing on the wall earlier, before wasting precious time and energies of innocent people.
Overthrowing of a legitmate government will never be allowed,but overthrowing of an ill-legitimate government that came through fake mandate and fake votes is obligatory.
How can a government with a stolen/rigged mandate be considered "legitimate" Mr. CJ????
Rightly said Mr CJ. Overthrowing of legitimate govt should not be allowed. Key word here is "LEGITIMATE".
The question is: is this a legitimate government? PAT and PTI don't seem to think so.
I am proud of you CJ. Show these anarchists the door.
Lets brace ourselves for political commentry from the top judge. I think it will be more approriate and fitting if the SC tries to clear the thousands of pending cases in the courts instead of poking nose into something that is clearly not its business.
All the Civil Institution, politicized disgustingly, are interested in their arenas of power. They give a damn to oppressed people of Pakistan.
that's the point but this govt has come as a result of rigging thus unconstitutional, unlegitimate and most imp had poor policies.Would be removed unless it has struck deal with establishment by meeting in the nites
All the corrupt are coming together to protect & defend their corrupt system!
Please it is kindly requested to honourable CJP, do not follow the footsteps of Iftikhar Chaudry and stay away from politics.
Sir, please keep yourself busy with your paperwork. your munshies your chaprassees, your sycophants. Chief justices are not suppose to get involved in politics.
Your law allow an illegitimate election and illegitimate govt then I think law or law keepers needs to think about it
PTI, Burnol plz.
All key player are exposing one by one.
This proves Imran's allegations beyond any doubt that SC has become a wing of the Gullo Butt League....Why no Suo Moto on the Model town Carnage...?