Waheed Mahmood
Supreme Court reminds govt of Article 190
AG told to submit govt stance on
NAB (Amend) Ord
Special Correspondent/ AgenciesNAB (Amend) Ord
ISLAMABAD: Supreme Court of Pakistan Monday while hearing a suo moto regarding “alleged withdrawal of executive orders of judges’ restoration”, said that under Article 190 of the Constitution government is bound to follow Courts orders.
Chief Justice of Pakistan, heading the 17-member bench, said in its short order that Court’s October 15th restraining order on judges’ restoration issue was binding upon all the constitutional and administrative heads in term of Article 190 of the Constitution.
“It is mandatory for all the state institutions under Article 190 to comply with the orders of the court. Article 190 of the Constitution is a mandatory provision under which there is no alternative for the executive but to act in aid of the Court orders,” court remarked.
CJP added “judiciary is discharging its obligations as per constitution”.
A 17-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry put off hearing till the receipt of a report by the six-member inquiry committee set up by the government.
The bench also directed the committee to correct the inappropriate extraction made in one of the paragraph contained in its preliminary report mentioning ‘a standoff’ between judiciary and executive.
At the outset of proceedings, Attorney General for Pakistan Maulvi Anwar-ul Haq apprised the bench that an inquiry committee had been formed by the government.
Attorney General (AG) had told Supreme Court (SC) that no government functionary had shown willingness to file statement in the court on news item about withdrawal of judges’ restoration notification, adding in the eyes of government when chief executive of the country had contradicted the report then it stood to no justification to file written reply.
AG presented the interim report of the committee constituted by the Prime Minister (PM) on this count and sought time till the final report reached.
According to report news channels reporters had sought more time and this was their stance that name of the person who had provided news and source of news would not be disclosed. Committee had summoned the concerned reporters on October, 22.
He further told copies of court’s orders issued on Friday had been provided to president, prime minister, chief minister, secretaries and all other constitutional and executive functionaries.
Furthermore, Supreme Court directed Attorney-General Pakistan Maulvi Anwar-ul Haq to present the government’s written point-of-view regarding the National Accountability (Amendment) Ordinance, 2010. The amended ordinance was challenged in the apex court by Senator Syed Zafar Ali Shah of the Pakistan Muslim League – Nawaz (PML-N).
Shah had prayed before the apex court to suspend the operation of the ordinance by declaring it as unconstitutional and illegal. The ordinance was promulgated by President Asif Ali Zardari on September 16 and was consequently tabled in the Senate by Minister for Law and Parliamentary Affairs Babar Awan on October 1, the last day of the upper house’s 12-day session.
Senator Shah, at the time of the ordinance’s tabling in the upper house, had criticised the government for keeping it secret till the last working day of the house and led the opposition’s walkout from the house. He had made the federation of Pakistan, through the Ministry of Law and Parliamentary Affairs, a party in his petition.
“It is mandatory for all the state institutions under Article 190 to comply with the orders of the court. Article 190 of the Constitution is a mandatory provision under which there is no alternative for the executive but to act in aid of the Court orders,” court remarked.
CJP added “judiciary is discharging its obligations as per constitution”.
A 17-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry put off hearing till the receipt of a report by the six-member inquiry committee set up by the government.
The bench also directed the committee to correct the inappropriate extraction made in one of the paragraph contained in its preliminary report mentioning ‘a standoff’ between judiciary and executive.
At the outset of proceedings, Attorney General for Pakistan Maulvi Anwar-ul Haq apprised the bench that an inquiry committee had been formed by the government.
Attorney General (AG) had told Supreme Court (SC) that no government functionary had shown willingness to file statement in the court on news item about withdrawal of judges’ restoration notification, adding in the eyes of government when chief executive of the country had contradicted the report then it stood to no justification to file written reply.
AG presented the interim report of the committee constituted by the Prime Minister (PM) on this count and sought time till the final report reached.
According to report news channels reporters had sought more time and this was their stance that name of the person who had provided news and source of news would not be disclosed. Committee had summoned the concerned reporters on October, 22.
He further told copies of court’s orders issued on Friday had been provided to president, prime minister, chief minister, secretaries and all other constitutional and executive functionaries.
Furthermore, Supreme Court directed Attorney-General Pakistan Maulvi Anwar-ul Haq to present the government’s written point-of-view regarding the National Accountability (Amendment) Ordinance, 2010. The amended ordinance was challenged in the apex court by Senator Syed Zafar Ali Shah of the Pakistan Muslim League – Nawaz (PML-N).
Shah had prayed before the apex court to suspend the operation of the ordinance by declaring it as unconstitutional and illegal. The ordinance was promulgated by President Asif Ali Zardari on September 16 and was consequently tabled in the Senate by Minister for Law and Parliamentary Affairs Babar Awan on October 1, the last day of the upper house’s 12-day session.
Senator Shah, at the time of the ordinance’s tabling in the upper house, had criticised the government for keeping it secret till the last working day of the house and led the opposition’s walkout from the house. He had made the federation of Pakistan, through the Ministry of Law and Parliamentary Affairs, a party in his petition.
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