Precedents, law does not give open license to any judge for violation of oath
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KARACHI: Hashmat Habib President Tehreek e Tahaffuz-e-Adlia said Judgment given by 8 judges is not executable however to save from unfounded contempt action parliament as matter of explanation can exercise its authority and bring amendment.
He said tussle between Parliament and few judges of superior judiciary will be resolved if Preamble of Constitution is read and understood by both wings. He with heavy heart analysed disastrous situation being spread and dragging nation in state of confused mind said as per objective resolution and decisions of superior courts, Quran and Sunnah is supreme law and sovereignty over entire universe belonging to Almighty Allah alone and authority to be exercised by people of Pakistan within limits prescribed by Him is sacred trust. He said state shall exercise its powers and authority through chosen representatives of people to establish an order which includes that independence of Judiciary shall be fully secured, it means it is authority of chosen representatives to perform their job while Judges are bound to decide cases in accordance with Constitution and Law nothing else. He said Constitution, precedents of Superior Courts and law did not give open licence to any judge to violate its Oath which is on face of it is already defective. He said Constitution and law authorised chosen representatives to pass any amendment having force of retrospective effect such as NAB Ordinance. He said on July 5, 1977 Zia ul Haq imposed Martial Law and thereafter his Attorney General who was known as ‘ Jeddah ka Jadugar’ appeared before High Court Sindh in case of hijacker Nazir Ahmed vs Colonel Abbas.
This case was reported as PLD 1978 Khi 777 wherein court just on plea that Pakistan was signatory of Montreal convention regarding hijacking was competent to enforce retrospective law however court observed that this case is for reconsideration because Shetan was not condemned without warning.