Ruling from the Bench

Here comes the review against the NRO verdict given by the Supreme Court of Pakistan on December 16, 2009. The review was filed exactly after a month. It would be naive to think the review filed by Advocate-on-Record Raja Abdul Ghafoor is without consent of the federal government. The review was inevitable, seeing the NRO verdict. There are many technicalities involved but the review filed by the federal government asks for one thing only ; play by the rules. The flow of the events is suggesting that the Supreme Court is trying to grab as much power as it can, rendering the other two pillars of the state powerless. One example would be the invocation of article 227 by the Supreme Court. According to Article 227, clause 1 no law shall be enacted which is repugnant to such injunctions (as laid down in the Holy Quran and Sunnah). However, clause 2 explicitly remarks Effect shall be given to provisions of clause(1) only in the manner provided in this Part. 'The Part in question, is concerned with Islamic provisions and provides for the Islamic Ideology Council. So the verdict means a shift in balance where in future, the Supreme Court can assume the role of IIC too. Such shift of power is not new. Article 177 does not bar President from appointing the Chief Justice anyone who can be appointed as a judge. However, Malik Asad case of 1997 has set the criteria by which the senior most judge is to be appointed to the position. Whether any such decision regarding the Islamic laws and article 227 existed in the history of Supreme Court before or not, it exists now, hence expanding the clout of the Supreme Court. -MUHAMMAD MUBASHIR KHAN, Islamabad, January 20.

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