10-16-2010, 02:43 PM
ISLAMABAD – After hearing the judges’ notification case the whole day, the Supreme Court on Friday observed that the Chief Executive’s order has lost its efficacy, therefore, it can’t be restored and if such attempt is made it will be tantamount to throttling the judiciary and subverting the Constitution.
A 17-member in its short order regarding the withdrawal of judges’ restoration notification said: “No functionaries of the government including the head of state, head of government and any other functionary can restore or take any step for withdrawing the March 16, 2009 notification.” The SC verdict cautioned if such move was made, then it would tantamount to violating the Article 6 of the Constitution.
Attorney General of Pakistan Maulvi Anwar-ul-Haq was asked to submit a written statement signed by higher authority, not other than by the Premier himself, about the government’s policy on withdrawing the notification of judges’ restoration. The AG sought more time to file the response, saying Prime Minister Yousuf Raza Gilani was busy in some official engagements and could not spare time to write down the policy. He, however, said that the message has been conveyed to the Principal Secretary of the PM.”
The government through the Prime Minister has been directed to conduct an inquiry that how the news of withdrawing the notification spread and who is responsible for it.
When no statement from the Prime Minister, terming the news wrong, could be placed before the court, the Chief Justice remarked; “The news is not wrong. You tell us otherwise we will tell you as we have the material.” He added: “We don’t want to expose anyone but are showing restraint.”
When the bench asked the AG whether he has met the Prime Minister, his response was ‘No’. Justice Sair Ali expressed displeasure and asked what sort of meeting the Premier was attending that he even can’t spare two minutes.
Justice Asif Khan Khosa told the AG, “Your reluctance put fuel to the fire as it is not without the reasons because there was threat to the Constitution. He said that the statement could not be made that the Constitution will be followed. Justice Jawwad said that the executive order for the restoration of judges is “scrape of paper.” Every organ of the state has to abide by the Constitution.
Justice Saqib Nisar said that after the judgement in case of Sindh High Court Bar Association the executive order of March 16, 2009 has lost the efficacy. Is someone telling the Prime Minister about the complication and the implication of Article 6 of the Constitution?
A 17-member in its short order regarding the withdrawal of judges’ restoration notification said: “No functionaries of the government including the head of state, head of government and any other functionary can restore or take any step for withdrawing the March 16, 2009 notification.” The SC verdict cautioned if such move was made, then it would tantamount to violating the Article 6 of the Constitution.
Attorney General of Pakistan Maulvi Anwar-ul-Haq was asked to submit a written statement signed by higher authority, not other than by the Premier himself, about the government’s policy on withdrawing the notification of judges’ restoration. The AG sought more time to file the response, saying Prime Minister Yousuf Raza Gilani was busy in some official engagements and could not spare time to write down the policy. He, however, said that the message has been conveyed to the Principal Secretary of the PM.”
The government through the Prime Minister has been directed to conduct an inquiry that how the news of withdrawing the notification spread and who is responsible for it.
When no statement from the Prime Minister, terming the news wrong, could be placed before the court, the Chief Justice remarked; “The news is not wrong. You tell us otherwise we will tell you as we have the material.” He added: “We don’t want to expose anyone but are showing restraint.”
When the bench asked the AG whether he has met the Prime Minister, his response was ‘No’. Justice Sair Ali expressed displeasure and asked what sort of meeting the Premier was attending that he even can’t spare two minutes.
Justice Asif Khan Khosa told the AG, “Your reluctance put fuel to the fire as it is not without the reasons because there was threat to the Constitution. He said that the statement could not be made that the Constitution will be followed. Justice Jawwad said that the executive order for the restoration of judges is “scrape of paper.” Every organ of the state has to abide by the Constitution.
Justice Saqib Nisar said that after the judgement in case of Sindh High Court Bar Association the executive order of March 16, 2009 has lost the efficacy. Is someone telling the Prime Minister about the complication and the implication of Article 6 of the Constitution?