Sunday 24 June 2012

State’s excesses subject to judicial scrutiny: CJ


ISLAMABAD: While address a delegation of the Youth Parliament on Saturday, Chief Justice of Pakistan Iftikhar Muhammad Chaudhry complete it clear that whenever an limb of the state misuses its powers, it becomes the judiciary’s privilege to subject it to scrutiny.
However, any excess or misuse of power beyond that domain becomes the subject matter of judicial scrutiny, the chief justice supposed.

Chief Justice Chaudhry claimed that the expectations Pakistanis had of parliament to address their needs could not be fulfilled in the history, due to the constant political and legitimate turmoil in the country. “From 1973 onwards, even though there have been lively national assemblies and senates, political and legitimate turmoil has repeatedly interfered in parliament’s functions; therefore, the expectations of people attached with it have remained unfulfilled,” he additional.

The chief justice also clarified parliament has the power to legislate. However, it could not pass a law that is alongside the Constitution. I can assure you that they cannot endorse a law that is alongside the Constitution, the principles of Islam and contrary to chief laws.
He explained that the fundamental objective of the judicial review was to check the abuse of power by public functionaries, and ensuring just and fair action to the citizens in accordance with the law and constitutional norms.

Speaking on the fundamental rights of Pakistanis, Chief Justice Chaudhry stated that “where any question of negligence arises regarding the enforcement of any of the fundamental rights ensured by the Constitution of Pakistan, then the Supreme Court has the authority to make any appropriate order for the enforcement of these human rights.”

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