‘SC can call Army if verdict not implemented’
By Sohail Khan
ISLAMABAD: Senior lawyer of the Supreme Court Abdul Hafeez Pirzada on Wednesday said the apex court could call the Army for help in getting its verdict implemented. He said the Army was a part of the executive and was bound to obey the court’s order under Article 190 of the Constitution.
“The apex court can call the Army chief for help to get its verdicts put into action,” he told reporters here in the Supreme Court while commenting over the SC’s detailed judgment on the National Reconciliation Ordinance (NRO).
“There is an antecedent on this in past, when former chief justice Sajjad Ali Shah called the Army chief,” he said, adding the government was morally bound to implement the court’s decision in letter and spirit.
He rejected the impression that the court’s direction to the Army would seem to invite it (Army) for taking charge of the government. “If the government shows some wisdom, then there is no chance of any clash between the institutions,” he said. He said that it would be necessary for the government to file another petition in the court for seeking immunity for the president.
About the fresh controversy regarding the appointments of judges in the superior courts, he said that junior judges could also be appointed in the Supreme Court.
He also mentioned that the court had already given a decision about that issue in the matter of Justice (retd) Khalilur Rehman Ramday, Justice (retd) Muhammad Nawaz Abbasi and Justice (retd) Faqir Muhammad Khokhar’s appointments in the apex court. According to the decision, he added, the chief justice of Pakistan can send recommendations about the appointment of judges in the Supreme Court.
Answering a question about the qualification of any candidate in the election process, the senior lawyer said that under Article 63 of the Constitution, qualification of any person could be challenged even after the election process. He said that the speaker of the National Assembly or the chairman Senate could send references to the Election Commission in this regard.