Islamabad:
Some members of a Constitutional Bank (CB) of the Supreme Court raised a series of questions regarding the powers of the SC to guarantee “complete justice.” They also asked how non -assignments of seats reserved for the PTI could be called a violation of fundamental rights.
The lawyer of the leader of PTI, Kanwal Shauzab, Salman Akram Raja, resumed on Friday his arguments in support of the majority order of July 12 of SC in the reserved case of seats before the CB of 11 members led by Judge Amindin Khan who is listening to requests for review against the verdict.
Raja, in his arguments, declared that it is the responsibility of this Court to protect fundamental rights and that the Constitution assigns this responsibility.
Judge Jamal Khan Commandkhail asked Raja how article 187 is applied in this case.
Article 187 (1) grants the Supreme Court the power to issue any order or direction necessary to do full justice in any case pending before him, while article 187 (2) grants him the powers as a civil court to enforce their decisions, including the issuance of orders to any person or authority.
Raja replied that he would explain this in detail later. He said that the Supreme Court has a broader authority and can use article 187 together with article 184 to deliver full justice.
Judge Commandkhail asked if article 184 (3) is used in public interest cases.
Salman Akram Raja responded affirmative. He said the SC can use article 184 (3) for public interest and fundamental rights. “When there is destruction or crisis, one does not ask which article applies, then the Supreme Court must take a step forward and do whatever necessary.”
Judge Commandkhail asked if, if constitutional violation occurs, but no specific article is applied, the SC must still take measures. The lawyer said in such a situation that the SC should do whatever necessary.
Judge Muhammad Ali Mazhar said that article 199 cannot be read together with article 187. He commented that according to article 199, the Superior Court has powers that even the Supreme Court does not possess.
Article 199 of the Constitution describes the written jurisdiction of the Superior Courts. It allows higher courts to issue several writings (orders) to enforce fundamental rights and guarantee legal conduct by the authorities.
Judge Salahuddin Panhwar asked what are, in his opinion, the limits of the powers of the Supreme Court. Judge Jamal Commandkhail said: “My brother judge suggests that there must be some limit to the powers. Does the Supreme Court have unlimited powers in all cases?”
Then he asked if there was any constitutional or legal violation in the majority decision of the reserved case. Salman Akram Raja said: “There was no overreach in the decision of the Supreme Court.”
Judge Commandkhail commented that the Constitution itself gives the parties the right to join in three days. Judge Aminuddin Khan intervened.
