ISLAMABAD: On the day chief agitator Tahirul Qadri says his ‘inqilab’ will take place, the Supreme Court issued an emphatic rejoinder, stating that the judges’ purpose is simply to protect the Constitution amid the ongoing unrest.
Since the protests began two weeks ago, a four-judge bench of the apex court, headed by Chief Justice Nasirul Mulk has heard numerous petitions from different bar associations seeking judicial redress for all perceived violations, from the obvious to the benign.
The Supreme Court has sought legal justification from both protesting parties over the location of their protest and the inconvenience they have caused to residents and commuters. A petition was even filed seeking redress for ‘cavorting youth’ that have been a feature of the protests since they began.
Throughout the protests, the Supreme Court has made it clear to all authorities that no unconstitutional action, from blatant power grabs to blocking roads, should be taken while the current political impasse persists.
“Our issue is to protect the Constitution”, Justice Mian Saqib Nisar said. He agreed with Justice Asif Saeed Khosa who said that the case is not about Constitution Avenue, the road where the sit-in are currently taking place, but about the Constitution itself.
Chief Justice Nasirul Mulk has made it clear that they have already passed an initial order in this regard.
The court was also clear to differentiate the current crisis with the popular protests of lore. PAT lawyer Ali Zafar said the history of Pakistan provides many references to popular protests.
“Even the judges were restored through protests in 2009," he said, referring to the restoration of judges in 2009, which followed another popular protest.
Justice Jawwad S Khawaja issued another rejoinder. “Let us decide which issues will be resolved through protests.”
Not obeying orders
Meanwhile, the Supreme Court Registrar told the court that the protesters did not completely clear one side of Constitution Avenue as there are still hindrances over the road. PAT admitted as much. The party’s lawyer admitted that PAT did not completely clear the road.
“I am not aware about the present situation but I will try to convince my client to vacate one side of the road," PAT lawyer Ali Zafar assured the court.
COMMENTS (11)
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Presently,there is no threat to the constitution.Asking for PM resignation and implementation of constitutional provisions through street protest is no violation of the constitution.It is not the Right of judges to lay down which issues are to be resoved through stree protest,it is the Right of the people of Pakistan.It is very much possible that after a street protest,the demand is made part of the constituion by the Parliament.
Judiciary must inculcate the sense of Justice & fairness in its bench before it sits on the high pedestal. Authority does not come from Rules / Laws on papers but is to be backed by moral authority of the adjudicators. When Pyjama weary court ordered to remove smelly poor protesting people from constitution Avenue, the state authorities failed no one had any respect for those tyrants hollow words devoid of morality.
@shahid: Pakistan will always miss Iftikhar Choudhary and Justice Kyani of Ayub era
Supreme Court either should not have issued orders to get the road cleared but once it passed the orders then those must have been complied with and not otherwise. Initially SC should not have raised its finger particularly when the crowd was so much charged. Iqbal Hadi Zaidi / Kuwait / zaidiformerdiplomat@hotmail.com
Now the judges will decide which issues will be resolved through protests. Subhaan Allah.
the entire judicial systems is worthless!....they should all be indicted as criminals too..
people of Pakistan know there is no credibility or trusworthyness of any judge who are all ready to sell for cash any time.When the revolution comes I hope all these jusges will be dealt with like in Iran.
Why did these judges not move when the government shamelessly refused to register even an FIR?
@A J KHAN:
Well Said !
The way situation is being handled by Executive & Judiciary reminds everyone about Nero who was playing flute when Rome was on fire. Motivated by a desire to be treated as King, Nawaz Sharif & PML(Nero) sent men pretending to be negotiating team, set fire to the peace process. Nero watched from his palace on the Palatine Hill singing and playing the lyre. Bound by like mindedness, they watched from the Tower of Maecenas on the Esquiline Hill singing and playing coarse tune of selected Rule of Law, there was none to carry it out.