Pakistan's Supreme Court shows the way

Ali Khan [Washburn University School of Law]: "In the Constitutional Petition No. 21 of 2007 (Chief Justice Chaudhry v. The President of Pakistan), a unanimous Supreme Court of 13 Justices has declared that the President's Order to suspend the Chief Justice is "ultra vires of the Constitution . . . and passed without lawful authority." Three Justices have held that the President has the constitutional authority to file a reference. However, the Court unanimously set aside both the orders of the President and the Supreme Judicial Council to restrain the Chief Justice from acting as a judge of the Supreme Court.

This is a bold decision, one in which Pakistan's entire legal community can take pride. The lawyers' support was indispensable for this decision. Pakistan's legal system has taken a giant step toward integrity, self-respect, and credibility. The Supreme Court can now hold its head high in judicial communities of the world, showing the way to judiciaries in the Muslim world that a right decision can be made through peaceful advocacy in a court of law."

 

About Professional Commentary

Professional Commentary is JURIST's platform for newsmakers, activists and legal experts to comment on national and international legal developments.

Hotline welcomes submissions, inquiries and comments at professionalcommentary@jurist.org.

© Copyright JURIST Legal News and Research Services, Inc., 2013.