By Barrister Amjad Malik
16 Dec Supreme Court short order was an expected response of superior judiciary. Federation and all provinces through their lawyers jointly consented to its repeal, and none came to rescue the beneficiaries and even academic discussion was not made possible on the topic of powers to issue and right course of action to dispose off a bad law. 342 members of the Parliament jointly expressed their unwillingness to discuss and vote out this notorious ordinance despite the fact that it relates to them and their future on the whole as a club, and any order would have far reaching implications on the future of their brethrens good or bad. In that situation, what do you expect from judges.
They could not invent a defence for that ordinance so hated by the majority of the people, media and intelligentsia. If politicians were expecting leniency or a different judgment, its their own fault, and the problem lies with their capacity or capability not with the short order of the Supreme Court of Pakistan. On 5 August the writer in response to 31 July 09 decision which scrapped Gen Musharraf’s 3rd Nov PCO and emergency and wrote,
“Overall, a welcoming order, full of happy tidings, but similar amount of flaws, unaddressed anomalies, and legal circles expect a lot more explanation in detailed judgement, and I hope the order does the job in the end. This order is also reflection of various ‘compulsions’ under which Pakistani society goes through daily. The short order incites that there is more to come, and a detailed judgement will open a lot of avenues for further litigation. On the outset, Superior Court is mindful of the limitations they are working under and one can say that the decision has set the track on which SC is likely to go in near future. However, it is not a final decision, this is part of a series of decisions we must expect in the days to come”.
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