Says Article 184(3) is for public interest, enforcement of basic rights n Whenever there is injustice, it doesn’t last long n 18th Amendment strengthened Federation and gave powers to provinces.

ISLAMABAD    -    Senior Supreme Court judge Jus­tice Qazi Faez Isa has said that Article 184(3) of the Constitu­tion is only for the public inter­est and enforcement of funda­mental rights. 

"The clause of Article 184(3) was added in the Constitution for the oppressed but was used ex­tensively for both good and bad reasons and one should be vigi­lant while using it," said Justice Isa while addressing a ceremony organised in connection with the Constitution of Pakistan's Gold­en Jubilee here yesterday.

He said that the authority to take a suo motu under provi­sions of Article 184(3) of the Constitution lies with the apex court. "My friends are of the view that the [sou motu] powers can only be exercised by the chief justice of Paki­stan,” he added. Justice Isa asked for the clause that made the chief justice mas­ter of rules so he could correct himself. He added that the third opinion was that all the judges and the Chief Justice of Pa­kistan (CJP) must unite under Article 184(3). According to the senior-most judge, every case whether criminal or civil has at least one right to appeal but this is not the case under Article 184-3.

“Whenever there is injustice, it doesn’t last long,” Justice Isa said.

Referring to the secession of East Paki­stan, the justice said that the country did not split all of a sudden as the seeds of [bifurcation] were sown”. He said that the main reason for the division of Pakistan was a wrong judicial decision.

“The Constitution has not presented the way it deserves to be,” Justice Isa said, adding that whatever has been made of the Constitution should be understood.

He said that the idea of establishing Pa­kistan was to have a country free from the exploitation of Muslims where they could live as they wished. He said that the big­gest Muslim state in the world came into existence but the job was left half done.

Justice Isa said that the “legislative as­sembly worked for seven years”.

“When the Constitution reached the brink of completion, Ghulam Muham­mad, a civil servant, stumbled on the Constitution,” he said.

Justice Isa regretted that there had been no elections in the legislative assembly of 1956 which ended within two years.

“A civil servant concluded that he was a wise man and there came the martial law of 1958,” the justice said, adding that this “wise man” formed the 1962 Consti­tution on his own and ended the democ­racy. “According to the civil servant, the people are not conscious, have no intel­ligence, so there should be a filter. This wise man introduced basic democracy for the filter,” Justice Isa said.

Under this basic democracy, 80,000 elected representatives should choose the president and control the people with him, he added. The senior puisne judge said that Justice Munir planted the seed of the separation of Pakistan.

“This poisonous seed grew and in De­cember 1971 the country was divided into two parts,” Justice Isa said.

He said that the effects of actions tak­en today would manifest years and cen­turies later.