Can the government avoid implementing the supreme court order with the help of Parliament...
Despite the strong objection of the federal government to the compliance of the order of the Supreme Court to hold elections in Punjab on April 14, the Election Commission released the schedule of elections on Wednesday.
Despite the free election plan, it is still not clear whether the elections in Pakistan's huge province will be clasp on time or not. The reason for this equivocation is the stand taken by the federal government that the resolve of the three-member bench of the Supreme Court is a minority resolution, which is not indissoluble on the regime.
On Thursday, the National Assembly passed an intent rejecting the commitment of the three-member bench. It is said that the fresh minority decision has created unreliability in the country and Awan at the same time considers elections as the compound to the trouble in the country.
In the resolution, the Supreme Court has been queried to review the affair by establishing a full court.
Last night Federal Interior Minister Rana Sanaullah while talking to the Geo News program Aaj Shahzeb Khanzada made it understandable that the Ministry of Law had given the opinion that the decision of the three-member bench was a minority decision and the decision of four respected judges was the leading one. There is a decision on the groundwork of which a hundred moto notices will be kept.'
Rana Sanaullah said that the cabinet has laid hold on the approval of this belief from the heads of the federal parties where it has been decided that the approval of the parliament should be taken on this opinion.
When the Parliament is of the opinion that the decision is four to three, then the commitment of three judges will be a minority settlement that cannot be implemented.
He said that the cabinet has made its last decision subject to the belief of the parliament and if the parliament accepts a process through a resolution, it will be binding on the regime.
In reaction to a question, Rana Sanaullah said that if the three-judge bench desire to send the whole parliament home, then it should be cooked.
According to the analysts, due to this bidding on the part of the federal regime and the allied parties, not only the timely conduct of the election and under the court orders has been put into question, but due to the regime master plan, there is a fear of a new conflict in the middle of the parliament and the judiciary. It's cooked.
However, the main question is whether lawful and constitutional experts see the government's strategy of resorting to a parliamentary resolution against the court arrangement because, despite the numerous calamity in the history of Pakistan, this is a unique crisis of its possession. In which the judicial system itself is divided.
Can the regime with the help of the parliament avoid the execution of the Supreme Court order? Along with this, the question is also main if the regime decline to bow to the order of the Supreme Court under this master plan, what will be left to the court?
However, legitimate specialists are also divided on the affair.
It should be famed that on the report to the regime, the holding of the election is a constitutional situation on the one hand, on the other hand, financial problems are also hindering its stock, while the security state of affairs of the country is also being hand over as a disagreement.
When the BBC get in touch with the former judge of the Supreme Court, Justice Retired Wajihuddin Ahmed, he said that the order of the Supreme Court is irrevocable to such an extent that if it is to be replaced, only constitutional revisions are in need of. Can be cooked by.
On the other hand, former Attorney General and Special Assistant to Prime Minister, Irfan Qadir, believes that the status of the Supreme Court's order is when it is given less than law or the constitution, while this settlement belongs to only three judges who are considered constitutional. It is not viable for them to give the date of the election.
I know the opinion of the beginning Justice Wajihuddin in this matter.
According to Justice Wajiha, a judicial order, which has become last, cannot be revoked by an edict or an Act.'
While talking about the rank of the intention of the National Assembly, Justice Wajiha said that there is no such item in the constitution and law, it may be a political act but it has no status constitutionally and lawfully.
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