SC hearing of plea to restrain likely extra-constitutional step today

ISLAMABAD: Supreme Court larger bench hearing of the petition praying to restrain likely extra-constitutional step will resume here today, Geo news reported.

The petition filed by the Supreme Court president, Kamran Murtuza is being heard by the larger bench headed by the Chief Justice of Pakistan, Justice Nasir-ul-Mulk and comprises of Justice Jawwad S. Khawaja, Justice Anwar Zaheer Jamali, Justice Saqib Nisar and Justice Asif Saeed Khan Khosa.

During the previous hearing, Kamran Murtuza said that fundamental rights were in danger and had requested the court to issue an order against possible extra-constitutional steps that could be taken in the country in light of the country’s prevailing sensitive political situation.

Presenting his arguments the petitioner had said that the country was undergoing a critical situation since the past two weeks and fear were being expressed that the parliament and democracy was in danger.
He added that the National Assembly had also approved a resolution in this regards and that such a resolution is not required under normal circumstances. The petitioner also read out the summary of the resolution approved by the National Assembly.

Attorney General of Pakistan, had been issued with a notice prior to the hearing, told the bench that he supported the stance of the petitioner because it was a matter related to fundamental rights and political stability.

He further said that earlier the Lahore High Court had also issued a judgment in this regards and the courts had ordered that the government could not be removed through any unconstitutional measures.

In his arguments, attorney general also mentioned a Supreme Court ruling in India which had prohibited a political rally from taking place against the government.

The court through an interim order had restrained all state institutions and officials against taking any steps in violation of the Constitution of Pakistan.

The court further said that violation of court’s orders would be treated as treason and punishable under Article 6 of the Constitution and also issued notice to the federation.

The order further state that the apex court in its July 31, 2009 judgment had issued clear instructions over the issue and its implementation was applicable on every one.