Monarchs' eras have over: Justice Jawwad S Khawaja.
He gave these remarks while presiding over a 3-member bench of SC during the course of hearing of treason case against former President Pervez Musharraf here Tuesday.
Ibrahim Satti advocate argued only federal government could put his client to trial and not SC. AK Dogar had moved petition with reference to October, 12 but the court regretted to hear it that it does not fall in its competence.
Justice Khilji remarked powers of high court are very clear under section 199(1). SC is entitled to initiate any proceedings under section 184(3) in the matters of public interest.
Giving arguments on the oath of armed forces, Ibrahim Satti said it has been made clear in July, 31, 2009 verdict that no one can abrogate the constitution in future and commit any ultra constitutional act.
Justice Khilji remarked if some one abrogates the constitution or violates it then proceedings can be initiated against him under this decision. If we even ignore it then what will say about November 3 steps.
Justice Khilji remarked interference is made in the constitution and the constitution places obligation on the federation to take action and if it does not initiate any proceeding then what will you say.
Justice Jawwad remarked "tell us if federation says we have not to initiate any proceedings and he comes again and abrogate the constitution and he is not prosected then it is binding on court to issue any order on this count.
Ibrahim Satti said if any indication goes from here then administrative matters will sand dispensed with. If court becomes claimant then no defence will stay . Court is silent from 1956 till today.
Justice Khilji remarked court orders itself for registration of theft case if it is not registered. You are talking about abrogators of constitution that nothing can be done against them.
Ibrahim said "you don't hold administrative powers. You will have to care for balance in powers.
Justice Jawwad observed what it should do if court has no powers. Whether it should take action from 1956 if it has powers.
Ibrajim said court punishes the people daily but does not go deep into it how some one awarded punishment. President Bush pardoned president Nixon.
Justice Jawwad remarked "the matter of awarding punishment is not with us .
Justice Khilji remarked constitution is saying punishment be awarded then what will we do.
Ibrahim Satti said it does not lie in your powers. Administration if wills may award punishment or grant pardon. Please leave this matter to federation. If you interfere then it will influence my trial . SC always gives reservation in such situation that decision be given without being influenced.
Justice Jawwad observed this matter remains till its processing.
Ibrahim Satti said there is a decision of yours. You got accused arrested in Shahzeb murder case. If your decision is relied upon then the subordinate court will not be able to give any decision other than convicting the accused.
Justice Ejaz observed the matter will be affected by the observation of the court.
Ibrahim Satti said "if it is not possible to do any thing by you then the matter be left with the federation. Whatever punishment it awards I am here on this count. He also referred to NICL case wherein the court had given observation with regard to Makhdoom Amin Fahim.
Justice Jawwad remarked " we heard Satti fully. Hearing and giving decision is our job. You please give legal points and formulation. When the official tactics and mind set will come to end? When I say some thing you will have to hear. I am saying repeatedly I have to say some thing. Why are you not hearing? May be this case or some other one, every case has significance. We have to deliver justice. Justice has no eyes. We are not scared of it against whom we are giving decision and what decision we are giving.
Justice Jawwad observed "monarchs eras are over now. Whosoever commits wrong doing will have to suffer for it. It is not only responsibility of the court to award punishment to abrogator of constitution but this responsibility rests with the federation as well. No one can be allowed to abrogate constitution once again.
Qaamar Afzal said the federation right be accepted that it can only register the case and initiate proceedings. Pervez Musharraf is fully entitled to contest the election and complaints can be registered on this count.
Justice Jawwad observed "we will see when the matter comes. On the other hand matter has become ineffective too.
The hearing of the case was adjourned till Thursday.
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|Publication:||Balochistan Times (Baluchistan Province, Pakistan)|
|Date:||May 1, 2013|
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