Political impasse: SC instructs 15 parties to resolve crisis constitutionally

Top court refuses to take suo motu notice of the crisis; PAT opposes court intervention


Hasnaat Malik September 03, 2014

ISLAMABAD:


The Supreme Court on Tuesday issued notices to 15 political groupings, including the Pakistan Awami Tehreek (PAT), to resolve the ongoing political impasse in a constitutional manner.


A four-judge bench of the apex court, headed by Chief Justice Nasirul Mulk, heard a petition filed by Lahore High Court Rawalpindi bench President Shafqat Bhatti seeking a direction to all the political parties to resolve the current political imbroglio within the parameters of the Constitution.



While issuing notices to the parties mentioned in the petition, the bench also asked the petitioner to add the names of other parties that are also part of the parliament.

Counsel for the petitioner, Zulfiqar Abbas Naqvi, sought the court’s intervention, stating that there is a lack of trust among political parties while there is an immediate need to handle the critical situation. The situation has reached a point where the court should step in to protect the Constitution, the petition stated.

However, PAT counsel Ali Zafar opposed this suggestion. Justice Mulk remarked that the current dispute is not just a political one, but pertains to constitutional matters as well.

During the hearing, PTI’s counsel Hamid Khan requested the bench to exercise its suo motu power to end the political impasse. Justice Mian Saqib Nisar observed that there is no need to take suo motu notice because political parties are already respondents in this case. He added that the apex court will decide the scope of fundamental rights. “The best course would be to issue notices to all political parties,” Justice Mulk said.

The top court is hearing 11 petitions filed by different bar associations against the ongoing political unrest. In response to the court’s September 1 order, both PTI and PAT did not present any proposal before the bench for playing its role to end the crisis.

On Monday, the four-judge bench asked PTI’s counsel to inform the court whether it would accept the court’s intervention or not. 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.

Justice Mian Saqib Nisar commented, “The time has come to determine the limitation of freedom of speech.” The hearing of the case was adjourned until today (Wednesday).

Published in The Express Tribune, September 3rd, 2014.

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