Hearing petitions filed against the ‘Azadi’ and ‘Inqilab’ marches, a four-judge bench headed by Chief Justice Nasirul Mulk asked Pakistan Tehreek-e-Insaf's (PTI) counsel to inform the court whether it would accept the court’s intervention or not. The court also asked them to consult their clients if they consent to the court’s adjudication regarding the crisis.
The chief justice clarified that the court was not offering to mediate or arbitrate, but simply to act as a court of law and give rulings on whatever is presented before it. He asked the parties' representatives to bring their petitions, if they had any, on Tuesday.
The court’s offer came in response to PTI’s request to take suo motu notice of the protesters' concerns.
Justice Mian Saqib Nisar made the case for how the Supreme Court could play its part in defusing the crisis. He made it clear that the Supreme Court ought to be the designated 'neutral umpire' only, making the claim for its impartiality.
Justice Saqib also said that the Supreme Court is the only forum which can serve political justice. Given the role the army has played as intermediary this past week, Ahmad Awais, counsel for PTI, stated that instead of asking the army, it was better for the government to request the Supreme Court to intervene.
The Attorney General for Pakistan (AGP) Salman Aslam Butt took his opportunity to file a complaint; he called the breach of the Red Zone a legal violation.
Referring to PTI and Pakistan Awami Tehreek, Butt stated both the political parties have violated the government’s No Objection Certificate (NOC), saying that despite assurances not to cross the boundary lines of the Red Zone, the protesters broke the gate of Parliament House and attempted to break the gate of Prime Minister’s House.
Butt requested the court to invoke Article 190 of the constitution in present scenario, which allows the court to summon any serving executive to help implement its order.
Supreme Court justices also took the time out to comment on the prevailing political crisis. Justice Nisar said the constitution is under threat because of the ongoing agitation. “Whatever is happening is unconstitutional,” he said. Justice Nisar's security van was attacked on Sunday.
Justice Jawwad S Khawaja was also sceptical about the ongoing protests. "How are they any different from any insurgency which is happening in Fata and other areas of the country?" he asked.
He also asked the both political parties (PTI and PAT) to tell that whether they will upheld the constitution or not, adding there should not be double face in this regard.
No counsel representing PAT was present during the hearing.
COMMENTS (40)
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Apparently Mr. Nawaz Sharif is throwing money in all directions ........ think about it.
Out of control PTI and its trolls have no respect for any national institution except one man who is a lifetime leader of his own party.
S,C want to play roll....need more money from MNS..It is S,C which is responsible for the present crisis
Pakistani dramas are indeed better than Indian dramas. Even the political ones.
Keep them engaged two more days by police after that their armed groups will come farward to confront thereafter army will get ground to treat them accordingly . SC is also not genuine for them then the judges should pass order to force to deal with the situation . If the ooeration will require secracy then media should also play its due role . Intenational media are already maintaining require calm to defeate up comming mobocracy in Pakistan .
Functions of court is to make interpretation of the laws of the land before an impending issue. It is not the function of the court to become a go between as legislature or politicians. Above all after so much destruction over due process made by former naive justice, wonder who would seek justice when this institution had remained biased all along! Case in question is Mr Nawaz Sharif who was already a convict by due judicial process, gets a retrial and all of sins gets absolved. Judiciary has no regard for double jeopardy, limitation act defined in the constitution. And now wants a match maker as politician. It's a joke!
Dear SC,
Plz keep working on 17,000 pending petitions............ We will Inshallah sort things out by our-self now. Its too late.
Regards,
Ali-Member of PTI
@The OBSERVER: On point 1: Just like article 62 63 if the Hudood ordanance was imposed by the Supreme Court IK would be whipped or possibly stoned/pelted for having extra marital relations with Sita White On point 2 please see: https://www.youtube.com/watch?v=lj25N9dDujM TUQ changes his mind often on everything. Of course he did have youtube banned in Pakistan so you may have difficulty seeing his "opinion" on matters On point 3 Imrans definition of free and fair leaves much to be desired. Will he start the recount in Karachi or is "scared" of taking a fight with real ghundas in Karachi?
@FN: Well put.
With Jawad Khawaja this court is more political than the Parliament.In any case this institution has lost credibility.
Hasn't the Supreme court got anything better to do. There is a huge back log of cases which if approached on a war like footing, would take years to clear up. Why add to the people's misery.
As if IK and Qadri have any respect for the SC/Judiciary.They dont accept the laws of Pakistan,and are bent on destroying the writ of the state.They should be dealt with swiftly and decisively.
@Mamu:
A person can be killed by sticks and stones. you can argue for the quality of weapon but you can not say it as peaceful. After all these dharna people are political wing of Taliban. Their military wing has engaged pakistan at borders and political wing attacked on pakistani institutes.
As if we trust courts :)
The SC got a bit jealous that all limelight is on the army and have stepped in to broker peace. It is the lack of credibility of the President and the SC that perhaps is a major factor in this crisis. Had it been any other country , the President would have imposed President's rule and the defence forces would be obliged to uphold the law. The space vacated by the President , the SC and the elected rep's has been fully occupied by the army.
What a shame.
If the protest is uncontitutional, then Police should performed its duty. No where in the world, except in Authoritative Regimes, is it illegal to stage a peaceful protest. The Supreme Court Justice feels that PTI & PAT should allowed to hold a peaceful protest, than where should they go to log a complaint for rigging with evidence of rigging.
I am sure if Supreme Court had acted on purely independent line without aligning itself with any person or party the situation would have been better.
For example if the court had come equally strong in implementing the articles safeguarding the rights of common men and women which Mr. Qadri is demanding and the rights of fair and free election as Mr. Imran is demanding than the two would never have come to this city of DEAD called Islamabad.
But unfortunately in the wield of democracy the Court has only protected the rights of ruling families. For example (1) It has not Implemented Article 62 and 63 which might have stopped a lot of dirt from reaching assembly floor.
(2) If you have had heard the petition filed during TUQ last venture he may have not come to demand the justice.
(3) If the Imran demand for free and fair election was accepted by you than we may have a good governance in the country.
So my dear you are not a part of the solution you are actually a part of the problem.
Inka bhi jald ahtesab hoga....insha Allah...here in this world & herein after...If the peaceful protest is un-constitutional, please explain how ? was not such petition of the past in this case dismissed by this SC on the ground that it is their democratic right & today the same has become un-constitutional ?
@Sense your comment doesn't make any Sense
If "heavy mandate" of Nawaz Sharif and "good governance" of Shahbaz Sharif is not sufficient to rule this country then what ..................................
Under what law supreme court can offer a role in a political crisis. Before August it was a legal issue, but supreme court refused to intervene. Any intervention in a political crisis now will be extra constitutional and in violation of article 6.
No. They can't be truted anymore. Whr they were when IK was asking them to come forward. Where they were when Model town became battlefield. Where they were when childrens, kids were sitting infront of SC. They can see shalwar hanging on SC. They can take notice when their route was blocked. Where they were on Saturday. Now it's can't be justified to save N.S Govt only.
How it could be termed un-constitutional now when It was being justified/ constitutional when layer movement was going on, not in 70s/80s just few years back in 2007-2009???
Finally..........
Where was SC while IK was going pillar to post with his complaints of rigging?
This is a joke. These armed rebels have already disobeyed the apex court's directive to vacate Constitution Avenue!
If this is the state of affairs that SC asking criminals whether they accept the law, why blaming politicians alone. As long as you civilians shiver in your shoes from army,thugs with illiterate mob will never will never allow peace in this country.
was SC sleeping when IK was calling for poll rigging all cylinders. It was ex-CJ who categorically dismissed IK's claim
Dear SC, It's too late
Politicians please have mercy on Pakistan and Pakistani nation. After Army its Supreme Court to jump in politics.