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Friday, July 20, 2007
Pakistan's Supreme Court shows the way
July 20, 2007 8:07 AM ET
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."
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