Whether two different matters having different jurisdiction can be heard together?
Will Supreme Court address legal issues raised by Justice Qazi Fayez Essa:
KARACHI: Before commencement of hearing on a presidential reference seeking clarification of different articles of the Constitution of Pakistan, Supreme Court faces legal issues raised by Senior Most judge of apex court Qazi Fayez Essa.
Justice Essa in his letter addressed to Chief Justice of Pakistan has pointed out that Presidential Reference falls within “Advisory Jurisdiction” and petition filed by Supreme Court Bar Association of Pakistan (SCBAP) falls within jurisdiction of public interest at large and hence both issues cannot be heard together.
He also pointed out that bench formed to hear these two issues comprises of junior members ignoring senior judges. This voice of dissent from within is well received among legal circles and majority of lawyers welcome the spirit behind the letter.
This difference once again has raised the issue of system of justice in the country that came into being in the name of Islam and is known to the world as an “Islamic Democratic Republic” where instead of present “adversorial system” a real Islamic system of justice shall prevail, opined a senior lawyer.
He referred to the infamous “Nazriya-e- Zaroorat” held by apex court in past and said Islam do not recognizes any “objective situation” and in Islamic concept Justice is nothing but a just decision without any fear of backlash attached.
Judiciary in recent times always came up with solutions that suited “People in Power” and judgments helped these adventurists who abrogated constitution to prolong their autocratic rules. Unless a true Islamic system of justice is introduced and practiced, justice will be denied and judgment would favor said another senior lawyer.
Senior constitutional lawyers Sohail Hameed opined that constitutional instruments/Articles dealing with conduct, debates, voting in Parliament are excluded from the Supreme Court’s jurisdiction and Presidential Reference before apex court travels beyond constitutional limits and therefore not entertain able for want of jurisdiction. Hearing the reference is just mere waste of precious time of highest court of the country, he said.