ISLAMABAD: The Supreme Court on Thursday reserved its judgment on identical petitions seeking to strike down certain provisions of the 18th amendment, especially the Article 175-A dealing with the appointment of top judges.
“The verdict would be announced at some appropriate time later,” Chief Justice Iftikhar Muhammad Chaudhry, who headed the 17-member larger bench of the apex court hearing multiple challenges to the piece of legislation, announced.
He also dismantled the bench constituted especially for the hearing of this important constitutional case about four month ago.
Around 16 petitioners including Supreme Court Bar Association, Lahore High Court Bar Association, District Bar Association Rawalpindi, Abdul Hafeez Pirzada, Nadeem Ahmed Advocate and Barrister Zafrullah Khan had challenged the 18th amendment to the extent of Article 175-A in the Constitution, praying the apex court to declare it ultra vires of the Constitution.
On Thursday Rashid A Rizvi, counsel for Sindh High Court, and Abdul Hafeez Pirzada completed their arguments.
During the course of hearing the judges in their remarks said that it is up to the parliament to amend the Constitution and set any amendment right.
Rashid A Rizvi argued that the judiciary in Britain had no power regarding judicial review prior to 1998; accordingly, the parliament of the country was said to be supreme. He contended that attorney general and law minister should be expelled from the committee and the commission meant for the appointments of superior court judges.At this, Justice Khalilur Rehman Ramday said this is the procedure not to save the amendment but to butcher it. Justice Jawwad S Khawja observed that the court cannot say who must be expelled and included, as this is the job of the parliament to‘re-engineer’ the issue. He remarked that the court could not barge into the limits of the parliament, as the parliament is there to set right the Constitutional amendment.
Justice Saqib Nisar observed that it is the constitution that empowers the parliament to effect Constitutional amendment.
Justice Khalilur Rehman Ramday said the commission for the appointment of judges was made in Britain in isolation from the executive; but, in Pakistan, the same commission is being instituted at the heart of the executive. Senior lawyer Abdul Hafeez Pirzada said the court has the constitutional jurisdiction to strike down amendments made in the basic structure of the constitution. He submitted that this court had ruled in the Syed Zafar Ali Shah case that even in time of emergency, fundamental rights cannot be suspended. He contended that Article 175- A is against the independence of judiciary.
link: http://tribune.com.pk/story/57012/supreme-court-reserves-judgment
“The verdict would be announced at some appropriate time later,” Chief Justice Iftikhar Muhammad Chaudhry, who headed the 17-member larger bench of the apex court hearing multiple challenges to the piece of legislation, announced.
He also dismantled the bench constituted especially for the hearing of this important constitutional case about four month ago.
Around 16 petitioners including Supreme Court Bar Association, Lahore High Court Bar Association, District Bar Association Rawalpindi, Abdul Hafeez Pirzada, Nadeem Ahmed Advocate and Barrister Zafrullah Khan had challenged the 18th amendment to the extent of Article 175-A in the Constitution, praying the apex court to declare it ultra vires of the Constitution.
On Thursday Rashid A Rizvi, counsel for Sindh High Court, and Abdul Hafeez Pirzada completed their arguments.
During the course of hearing the judges in their remarks said that it is up to the parliament to amend the Constitution and set any amendment right.
Rashid A Rizvi argued that the judiciary in Britain had no power regarding judicial review prior to 1998; accordingly, the parliament of the country was said to be supreme. He contended that attorney general and law minister should be expelled from the committee and the commission meant for the appointments of superior court judges.At this, Justice Khalilur Rehman Ramday said this is the procedure not to save the amendment but to butcher it. Justice Jawwad S Khawja observed that the court cannot say who must be expelled and included, as this is the job of the parliament to‘re-engineer’ the issue. He remarked that the court could not barge into the limits of the parliament, as the parliament is there to set right the Constitutional amendment.
Justice Saqib Nisar observed that it is the constitution that empowers the parliament to effect Constitutional amendment.
Justice Khalilur Rehman Ramday said the commission for the appointment of judges was made in Britain in isolation from the executive; but, in Pakistan, the same commission is being instituted at the heart of the executive. Senior lawyer Abdul Hafeez Pirzada said the court has the constitutional jurisdiction to strike down amendments made in the basic structure of the constitution. He submitted that this court had ruled in the Syed Zafar Ali Shah case that even in time of emergency, fundamental rights cannot be suspended. He contended that Article 175- A is against the independence of judiciary.
link: http://tribune.com.pk/story/57012/supreme-court-reserves-judgment
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ISLAMABAD: The Supreme Court on Thursday reserved its verdict for the 18th amendment case, with the Chief Justice of Pakistan, Iftikhar Muhammad Chaudhry saying that the ruling would be announced at an appropriate time.
Earlier, the Supreme Court had resumed the hearing of a number of identical petitions challenging certain provisions of the 18th Amendment.
During the course of the hearing, Justice Jawad Khwaja said Parliament has the authority to make amendments but it cannot supercede the parameters of the Constitution.
Justice Saqib Nisar observed that the Constitution in its written form is supreme.
The full court bench headed by Chief Justice Iftikhar Chaudhry is reviewing various clauses, particularly the formation of Judicial Commission. The chief justice had previously said that if the judicial commission’s role is nomination of a judge for the appointment in a superior court, then there is no use of it. “Nomination can be accepted or rejected,” he had said.
Honorable CHEIF JUSTICE,
ReplyDeleteIt is respectfully stated that one of our cases was pending before civil court in the court of AYESHA KHALID, Lahore. she has usurped her power. I came to know that her husband was a friend of the council against us and hence she decided the case against us without giving heed to the real facts of the case. The case is still pending the case was a succession claim but instead of deciding it in favor of all the legal heirs she decided in favor of a single person. I strongly condemn her act in this capacity.I would like you to take strict action against her. Let me know if you need any details. If i am not given justice and strict action is not taken against her within due time I would have to approach the media too.
Regards
Today we don't want to "respectfully state" today is one of the worst decsion of judiciary of pakistan. the nation support CHIEF JUSTICE but in response we are very thankful that YOU are still silent. Please for GOD SAKE awake and asked the concerns to take immediate action against prooved TERRORIST (RAYMIND DAVIS). this is not about money, self respect, integrity of one person. this is about nation and if we remain silent today we will loose all emmotions, moral values and for this loss YOU will be the only authority who will be responsible.
ReplyDeleteTo The Chief Justice of Pakistan, Dear Sir, we hope that you heard about LOAD-SHEDDING but sure that you have never faced it. It is a situation when a person can neither sleep nor stay awake. This issue has completely disturbed our daily routine life. Our request is to pass an order allowing tax free energy alternative. And why not our Govt. accept the offer of neighbour countries like China and Iran. Who are giving us electricity at minimum (RS. 300 per house). This application is the voice of 17 crore Pakistanis
ReplyDeleteYour Honour, my lord, the Chief Justice of Pakistan, Mr. Iftekhar Chowdhury,
ReplyDeleteI (Abdul Rehman alias A.R.Shams) and my wife Mrs. Zarina Rehman admire and appreciate his
capability of justified justices as the Chief Justice of the apex Supreme Court of Pakistan.
May he be blessed! Aameen!