ISLAMABAD (Dunya News) - Chief Justice of Pakistan Justice Qazi Faez Isa says the Supreme Court is not authorised to order parliament to legislate on missing persons.
“Every institution is bound to work within its ambit. The apex court can’t ask parliament to legislate on any issue,” said CJP.
A three-member bench, headed by CJP Isa, heard the case of missing persons. Justice Muhammad Ali Mazhar and Justice Musarrat Hilali are included in the bench.
The hearing was live telecast.
Justice Mazhar said a commission had already been established for missing person. Justice Isa inquired about the commission and Khushdil Khan Malik replied that a commission led by retired Justice Javed Iqbal was formed.
Justice Isa inquired how could court order parliament to enact a law? “Which article of the Constitution allows court to order parliament to legislate. Every institution must work within its ambit,” he said.
Justice Mazhar remarked that the court did not have the power to legislate. It can only declare a law null and void.
The chief justice inquired what were the reservations of Aitzaz Ahsan. His counsel Shoaib Shaheen replied that the point of people disappearing and then somehow appearing was raised.
The chief justice also said the Supreme Court wanted to solve the problem of missing persons and enforced disappearances “once and for all”.
“This country belongs to all of us, even those who may have other points of view,” he said. “This matter will only be resolved when we all work together and take responsibility. Let’s make Pakistan strong from within. If Pakistan is strong from within, no outside forces can touch it,” the CJP said.
The court adjourned the hearing till 11:30am tomorrow (Jan 3).
The CJP said the matter was serious and asked the lawyer to prepare bullet points on “what can the court do”. He also instructed Shaheen to consult Defence of Human Rights chairperson Amina Masood Janjua.