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Friday, September 20, 2024

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Supreme Court Rulings: Binding Authority and Constitution

 

Regarding the non-payment of pensions to 11,000 National Bank pensioners, a written order has been issued in this case by a three-member bench of the Supreme Court. Justice Mansoor Ali Shah led the bench, including Justice Athar Minallah and Justice Malik Shahzad Ahmed. According to the order, the court’s ruling must be followed by individuals or organizations without exception. The President of the National Bank should appoint a senior officer as the focal person. Who will ensure all pensions are paid in full and submit compliance reports?

The order also stressed that the rule of law is not only a principle but also the foundation upon which the legitimacy of governance lies in democracy. As apex court constitution interpreter, justice provider, and constitution implementer enforcer. The Supreme Court has no recommendation or advisory power other than those made while making decisions, which was further highlighted by it.

It was said that any failure to either ignore them altogether or postpone them indefinitely amounts to not just challenging the constitutional framework but undermining the very basis upon which public faith in the judicial process is founded because implementation becomes obligatory where decisions have been made through courts since such an act reflects desire expressed therein through the constitution.

Chief Justice Qazi Faez Isa’s Remarks on National Issues

During a separate hearing regarding commercial activities in Margalla National Park. Chief Justice Qazi Faez Isa made critical remarks about the current state of governance. The Chief Justice leads a three-member bench. Questioned the control exercised by military generals and bureaucrats over the country. Highlighting that the nation was created for the people, not the elite. The Chief Justice expressed concern over the encroachment of housing societies where restaurants should be removed. Questioning whether the Prime Minister’s orders would be blindly followed if they were illegal.

The bench also temporarily halted Rana Saeed’s dismissal as chairperson of the Wildlife Board and suspended the notification. Bringing the Wildlife Board under the Ministry of Interior. The Attorney General assured the court that the notification would be withdrawn and the issue would be brought to the Prime Minister’s attention in the next cabinet meeting. The court also sought details regarding housing projects during the hearing.

Chief Justice Isa emphasized that the Ministry of Interior should only oversee the Department of Wildlife and questioned the logic behind transferring such departments with proper justification. He also criticized the trend of placing banners related to housing projects near Parliament and his residence. Examining the role of bureaucrats and military generals in controlling national affairs. The hearing was adjourned until August 15.

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