FSC may be replaced by Constitutional Court – Hashmat Habib
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KARACHI: Hashmat Habib President Tehreek e Tahaffuz e Adlia has suggested that Federal Shariat Court should be abolished being a useless and its Jurisdiction can be given to the bench of 5 Judges established as Constitutional Court.
We have already pointed out that neither age of the Judges should be enhanced nor tenure of the Chief Justice be fixed. However 4 Judges Panel may be a good proposal for appointment of the Chief Justice. Al jihad trust case regarding seniority can be considered along with fitness, he said.
Senior lawyer said that over confidence of Government was main cause for its defeat in introducing judicial package in the Parliament. Hashmat Habib seriously believed that incompetency of Govt legal team was dragging the country towards lawyers protest although the lawyers protest under the garb of independence of Judiciary will be proved, if launched, as an exercise in futile.
Hashmat Habib said as per Charter of Democracy establishment of Constitutional Court at Federal level is not an issue but it is a necessity. He said creation of a new Constitutional Court will be a burden on the exchequer because this purpose can be achieved without disturbing the present setup of the Supreme Court.
He suggested that a bench of 5 Judges be named as Constitutional bench under Chief Justice of Pakistan as its administrative head. There is already a setup of Appellate Shariat Bench for the disposal of appeals against the Judgments of Federal Shariat Court, he added.
Published in The Daily National Courier, September, 19 2024
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