Thursday, 09 September 2010
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Judiciary closed door on coups d’état: CJP
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ISLAMABAD: Chief Justice of Pakistan Iftikhar Muhammad Chaudhry on Wednesday said that judicial powers to revisit decisions had blocked ways for illegal takeovers of governments. Heading a 17-member larger bench, he told the counsel for federation Wasim Sajjad who resumed his arguments over certain provisions of 18th amendment that in past it happened that individuals took control of the governments overnight and the apex Court validated their steps. But after revisiting Tikka Iqbal's case, the judiciary had declared November 3 step as void and unconstitutional, he added. He asked the counsel whether he wanted the apex court to restrict its judicial review powers which could enable a dictator to take control and disfigure the constitution while the people would remain silent spectators. He observed whenever a martial law was imposed, a presidential system had been introduced and the powers were grabbed by the president from a prime minister. He said the judicial review jurisdiction was exercised for this purpose and to correct a wrong decision. During course of proceedings, Chief Justice directed Attorney General Molvi Anwarul Haq to secure and also submit to the bench a record of the 77 meetings held by the Constitutional Reforms Committee over the amendments and all 890 suggestions received from public. Most of the proceedings were dominated by a volley of queries of bench members with their diverse views over formation of a judicial commission under insertion of Article 175-A. Wasim Sajjad who tried to defend position of the parliament over the issue, was frequently interrupted by the repeated questions and observations made by bench members especially by Justice Khalilur Rehman Ramday. He was left gasping to respond to a relevant question of Justice Nasirul Mulk to divulge reasons as member of the committee leading to formation of the judicial commission. -APP
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