Mansoor Ali Shah: SC Upholds Constitution

The Supreme Court of Pakistan has reaffirmed that every citizen, including its staff, is bound to obey the Constitution and the law, in a significant ruling that underscores the importance of judicial independence and the rule of law. This development comes amidst an internal dispute within the court, which has raised concerns about the institution's ability to maintain its unity and independence.

The court's decision is a response to a contempt matter against the additional registrar, who allegedly violated judicial directives. The ruling emphasizes that administrative orders cannot override judicial ones, citing Article 190 of the Constitution. This article states that all executive and judicial authorities must act in aid of the Supreme Court's judicial orders. Furthermore, Article 5 of the Constitution requires every citizen to obey the Constitution and the law, reinforcing the court's stance.

The dispute centers around a case that was transferred to a constitutional bench from a regular bench, a move that has been criticized by senior justices and members of the legal community as arbitrary and improper. The transfer was allegedly made without consulting the initial bench, prompting concerns about the independence of the judiciary. The All Pakistan Lawyers Action Committee has condemned the move, stating that judges must act as guardians of justice, not facilitators of vested interests.

The issue is also linked to the 26th Amendment, which has reduced the power and prestige of the Supreme Court and its judges. The amendment has created a constitutional bench with overarching jurisdiction, leading to concerns about the institution's ability to maintain unity and independence. There are calls for the Supreme Court to address the implications of the 26th Amendment and settle the dispute quickly and comprehensively, for the sake of the institution.

As the court grapples with this internal dispute, the ruling on the contempt matter serves as a reminder of the importance of upholding the Constitution and the law. The Supreme Court's independence and authority are being tested, and the outcome will have significant implications for the judiciary and the rule of law in Pakistan.

Political & General