Pakistan

SC cannot strike down constitutional amendments: AGP

The court has directed the AGP to submit written formulations in the case

Our Correspondent June 22, 2015

The court has directed the AGP to submit written formulations in the case. PHOTO: FILE

ISLAMABAD: The Attorney General of Pakistan on Monday stated that the Supreme Court cannot strike down any constitutional amendment, adding that Constitution is supreme and judges are under oath to protect it.

During the hearing of the 21st constitutional amendment case, AG Salman Aslam Butt contended before the 17-judge full court, headed by chief justice Nasirul Mulk, that combatants will be tried in the military courts.

The AGP further stated that combatants will be tried by military courts and even if the SC passed an order without legal authority, a civil judge will not be bound to comply with it.

Read: Constitution’s basic structure must be protected: Supreme Court

Upon this, Justice Jawwad S Khawaja remarked that whether the same principle would be applied on the parliament. The court has directed the AGP to submit written formulations in the case. The hearing is adjourned till today (Tuesday).

Published in The Express Tribune, June 23^rd, 2015.

COMMENTS (5)

Abu Rehan | 9 years ago | Reply Its disturbing to see that institutions are crossing boundaries.Armed Forces should do whats required of them and not run into other domains.Parliament should also refrain from passing acts like PROTECTION OF PAKISTAN ACT, 2014 - which is contrary to international human rights principles. How can a Pakistani be stripped of his/her nationality and called enemy alien. With vested interests these power hungry people (all included) just want to subjugate and run their show.

syed & syed | 9 years ago | Reply Uneducated parliamentarians will say what their master says. It is yet to be seen if the present parliament is legal and those in power captured the seats by rigging.Moreover most of the MNAs doesn't know what the constitution is. The same AG will try to prove otherwise when sacked from the post and opposition hires him.

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the Skunk | 9 years ago | Reply In hindsight, the late General Ziaul Haque was one hundred and one percent CORRECT when he introduced and inserted Article 258(2)(b) in the Constitution of 1973. Secondly, the Supreme Court will be one hundred and one percent CORRECT if it strikes down any amendment in the Constitution of 1973 if it deems it is AGAINST PUBLIC INTEREST. Thirdly, all lawyers of political parties must RESIGN their memberships because their leaders are working against the INTERESTS of the public. Salams

F Khan | 9 years ago | Reply I am not a lawyer or constitutional expert but I think that constitutional amendment contrary and in conflict with the spirit of the constitution can be stroked down by the supreme court.

Parvez | 9 years ago | Reply Can this be used to mean that the people are at the mercy of the rotten ( parliamentarians) and they have no checks over them ?

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