Legislature has given sweeping powers to judiciary to nullify any law: CJP

Pakistan Feb, 9 2023
Legislature has given sweeping powers to judiciary to nullify any law: CJP
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Islamabad: Chief Justice of Pakistan (CJP) Umar Ata Bandial has remarked legislature has given sweeping powers to judiciary to nullify any law.

Petition filed by Imran Khan against amendments in NAB laws came up for hearing before 3-member bench of Supreme Court presided over by Chief Justice of Pakistan Umar Ata Bandial here.

Makhdoom Ali Khan counsel for federation argued that if Parliament changes nature of punishment through amendment in law then it is applied to convicted persons. Through SC order nature of punishment awarded under Hudood ordinance was changed. Due to change in punishment awarded under Hudood ordinance only awarding of inhumane punishment stopped.  Justice Mansoor Ali Shah remarked can SC determine intent of members of Parliament behind any legislation.

Justice Ijaz ul Ahsan remarked when any new law is in conflict with existing constitutional provisions then it can be nullified.  Justice Mansoor Ali Shah inquired can it be said that specific class of society has benefitted from amendments in NAB laws.   Counsel for federal government said NAB amendments are for all. These did not afford benefit to any specific class of society.

Justice Ijaz ul Ahsan remarked may be court reaches this conclusion that benefit was afforded from NAB amendments to those who are in government. Hearing of case was adjourned for one day.

Published in The Daily National Courier, February, 09 2023

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