ISLAMABAD: Chief Justice of Pakistan (CJP) Qazi Faez Isa on Monday regretted the repeated validation of martial laws in the country by the judiciary, wondering if the judges considered themselves above the law and not bound by the Constitution.
“Are judges of the superior judiciary so generous that they wholeheartedly extend endorsement to every military coup in the country,” the CJP remarked, also questioning from where the judges acquired such an authority to accord approvals to martial laws.
He regretted that repeated citation of cases like the validation of extra-constitutional regimes destroyed the very fabric of the country.
These observations came during the hearing of a review petition, moved by Abdul Hameed, an employee of the Punjab population welfare department, which was eventually rejected by the court.
CJP Isa was also apparently disturbed at the preference by lawyers to quote previous SC judgments rather than Constitution and the law. He said such judgements should be cited as precedence only when there is an ambiguity in an identical matter rather than relying on case judgements every now and then without any presence of mind. He remarked judicial decisions were not above the Constitution.
Asking if the requirement of adhering to the Constitution and the law becomes redundant after becoming a judge, the chief justice said it seemed that time has come when refresher courses should be arranged for judges so that they stick to constitutional perimeters.
The CJP did not spare the lawyers and bemoaned that they never bothered to even bring the green book with them while appearing in courts to plead their cases.
Referring to the ‘undue’ criticism from different quarters over the alleged haste in fixing the SCBA petition seeking review of Article 63A that deals with the disqualification, the CJP reminded that the review petition was taken by the Supreme Court after almost two and a half years.
Later, the SC rejected the review petition moved by the Punjab population welfare department employee.
Published in Dawn, October 8th, 2024
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