SC offers to play role in political crisis

Published: September 1, 2014
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Supreme Court of Pakistan. PHOTO: AFP

Supreme Court of Pakistan. PHOTO: AFP

ISLAMABAD: The Supreme Court on Monday offered to play a role in ending the ongoing political impasse between protesters and the Nawaz-led government. 

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.

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Reader Comments (40)

  • Mushtaq
    Sep 1, 2014 - 2:18PM

    Politicians please have mercy on Pakistan and Pakistani nation. After Army its Supreme Court to jump in politics.

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  • Omer
    Sep 1, 2014 - 2:26PM

    Dear SC,
    It’s too late

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  • Sense
    Sep 1, 2014 - 2:27PM

    Finally…. I hope the court plays a positive role and send these anarchists back home.. Enough of bad theater by IK and TUQ. IK and TUQ will be remembered in history for being the most unreasonable leaders that have exploited the nation by misleading them…Recommend

  • Adeel Pervaiz
    Sep 1, 2014 - 2:29PM

    Oh WOW!
    Now SC has awaken!
    Where were you when Model Town Incident took place of Removing Barriers(Unlawfully) Which was authorized by courts.
    Where are you sleeping after ordering local elections since October 2013,
    Where are you sleeping now on NRO case?
    Whear are you sleeping on Swiss Bank Money Case Where you dismissed an elected prime minister ?

    Where are you courts? Are you really Free?
    or you are free but blind and disable ?Recommend

  • salman
    Sep 1, 2014 - 2:35PM

    was SC sleeping when IK was calling for poll rigging all cylinders. It was ex-CJ who categorically dismissed IK’s claim

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  • sabi
    Sep 1, 2014 - 2:36PM

    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.

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  • Shakir Lakhani
    Sep 1, 2014 - 2:40PM

    This is a joke. These armed rebels have already disobeyed the apex court’s directive to vacate Constitution Avenue!

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  • Muneer
    Sep 1, 2014 - 2:41PM

    Where was SC while IK was going pillar to post with his complaints of rigging?

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  • Karachi 3
    Sep 1, 2014 - 2:46PM

    Finally……….

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  • FN
    Sep 1, 2014 - 2:47PM

    Supreme Court has lost its honor and sanctity in front of the people.

    The court has proven that is has been bought out by its biased sense of justice which suits the ruling corrupt politicians at the helm of affairs.Recommend

  • Mamu
    Sep 1, 2014 - 2:56PM

    @Shakir Lakhani:
    Haha….it makes me laugh at your statement “Armed Rebels”. It seems the Armed rebels are armed with sticks and stones. Same like the people of Gaza. And on the other side the Innocent army is using only chemical gas and bullets just to slightly bruise the armed rebels. Have some shame.Recommend

  • Zag
    Sep 1, 2014 - 2:57PM

    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???

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  • Raghu
    Sep 1, 2014 - 2:57PM

    Now who told Court to intervene in the situation. Hahaha…..every can easily guess who is the liar around.Recommend

  • Shahzad Sohail
    Sep 1, 2014 - 2:58PM

    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.

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  • Jibran
    Sep 1, 2014 - 2:58PM

    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.

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  • Ajamal
    Sep 1, 2014 - 3:12PM

    If “heavy mandate” of Nawaz Sharif and “good governance” of Shahbaz Sharif is not sufficient to rule this country then what …………………………….

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  • Ali
    Sep 1, 2014 - 3:22PM

    @Sense your comment doesn’t make any Sense

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  • Ishrat Salim
    Sep 1, 2014 - 3:25PM

    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 ?

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  • The OBSERVER
    Sep 1, 2014 - 3:25PM

    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.

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  • Sidster
    Sep 1, 2014 - 3:25PM

    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.

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  • Parvez
    Sep 1, 2014 - 3:31PM

    What a shame.

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  • Karachiwala
    Sep 1, 2014 - 3:38PM

    I think only Army can do something in this environment as far as the resolution is concern no one else could do any thing to avoid the blood shed.
    Either Zardari or Altaf if announce today joining of this INqilab, things will change sooner in the IK and TUQ favor but IK Will never ask help from these two.Recommend

  • Talking Point
    Sep 1, 2014 - 3:39PM

    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.

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  • Zara
    Sep 1, 2014 - 3:40PM

    As if we trust courts :)

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  • Sheeren
    Sep 1, 2014 - 3:43PM

    @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.

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  • csmann
    Sep 1, 2014 - 3:46PM

    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.

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  • Mohsin
    Sep 1, 2014 - 4:15PM

    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.

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  • salim
    Sep 1, 2014 - 4:19PM

    “SC offers to play role in political crisis”

    SC has no mandate to intervene to resolve conflicts or mediate between two parties.Recommend

  • Khan
    Sep 1, 2014 - 4:23PM

    With Jawad Khawaja this court is more political than the Parliament.In any case this institution has lost credibility.

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  • Adeel Pervaiz
    Sep 1, 2014 - 4:24PM

    Yes @shareen,
    A person Can be killed by Clubs, but a Person can also be killed by Rubber Bullets and Chemical weapons like Tear Gas.Recommend

  • Khan
    Sep 1, 2014 - 4:25PM

    @FN: Well put.

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  • Really Upset
    Sep 1, 2014 - 4:29PM

    @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?

    Recommend

  • Ali.I
    Sep 1, 2014 - 4:30PM

    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

    Recommend

  • A Mangal
    Sep 1, 2014 - 5:44PM

    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!

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  • Dr.A.K.Tewari
    Sep 1, 2014 - 5:55PM

    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 .

    Recommend

  • Deepwater
    Sep 1, 2014 - 6:23PM

    Pakistani dramas are indeed better than Indian dramas. Even the political ones.

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  • imran ali
    Sep 1, 2014 - 7:40PM

    S,C want to play roll….need more money from MNS..It is S,C which is responsible for the present crisis

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  • bash gul
    Sep 1, 2014 - 9:50PM

    Is there a law whereby someone witnessing a massacre is equally guilty? Suo moto only concerns politician and not the massacre of innocent people. The massacre of model town and the new law of gullu butts has become the law of the day.Recommend

  • Ricky
    Sep 2, 2014 - 8:02AM

    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.

    Recommend

  • Parvez
    Sep 2, 2014 - 1:35PM

    Apparently Mr. Nawaz Sharif is throwing money in all directions …….. think about it.

    Recommend

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