By Staff Reporter
ISLAMABAD: The top court warned on Saturday that failure to implement its orders would trigger a constitutional crisis amid a growing row with the government and election body over its recent verdict on reserved seats.
“It is not possible that a Supreme Court judgment is left unimplemented… Let us make this clear: this can never happen, that a Supreme Court judgment is not implemented. This cannot happen. It would be a constitutional violation if this were even thought about,” said Justice Mansoor Ali Shah, the Supreme Court of Pakistan’s senior puisne judge, at a conference on minority rights.
Shah emphasized that executive institutions have no choice but to comply with the orders of the Supreme Court, citing the Constitution as the source of the court’s authority.
“Executive institutions have to recognize that they have no choice but to comply with the orders of the Supreme Court. I’m not saying this, but the Constitution is its structure, and the Supreme Court draws this authority from the Constitution, not any other document.”
The judge’s remarks come after the court’s July 12 verdict, which granted former Prime Minister Imran Khan’s Pakistan Tehreek-e-Insaf party (PTI) reserved seats for women and non-Muslims in national and provincial assemblies. The government has since passed legislation aimed at circumventing the ruling, sparking a likely long legal battle to defend the parliament’s action and increase political instability in the fragile democracy.
Justice Shah had announced the majority verdict, paving the way for PTI’s return to parliament and potentially altering the government’s majority.
The next chief justice of the country also cautioned that failure to implement court orders would upset the balance of the Constitution and disturb the separation of powers, a core component of democracy.
“Any verdict cannot be disregarded or delayed; otherwise, you will uproot the entire legal system and upset the balance of the Constitution if you set out on this track that judgments should not be implemented. This is not possible.”
He also warned against executive overreach, stating, “It is our obligation to maintain this balance, and there should be no executive overreach of any kind. No one has the choice or prerogative to second-guess a judgment if it is right or wrong. The prerogative is of the Supreme Court, and once it makes an order, it has to be implemented.”
“That is the system of this country and the Constitution of this country. If you want to make a new system, then first do so, and then we will talk about it.”
The row has raised concerns about the rule of law and separation of powers in the country. Law Minister Azam Nazeer Tarar had defended the legislation, saying it aligns with the constitutional scheme. However, Shah’s comments suggest the Supreme Court will not tolerate attempts to undermine its authority.
“To implement court orders is not a courtesy or a burden, but a responsibility and constitutional obligation that you have to follow… It is completely clear that this is a constitutional duty and it has severe consequences if you don’t implement.”
Copyright © 2021 Independent Pakistan | All rights reserved
