Supreme Court can’t tell parliament to pass legislation, asserts CJ Faez Isa

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ISLAMABAD (Daily Point) — The Supreme Court (SC) has postponed the hearing on a case related to missing persons until 11:30 am on Wednesday.

Chief Justice of Pakistan (CJP) Qazi Faez Isa, presiding over a three-member bench alongside Justice Muhammad Ali Mazhar and Justice Musarrat Hilali, emphasized during the live-streamed hearing that the court lacks the authority to mandate Parliament to pass legislation.

On Tuesday, the federation withdrew appeals against decisions made by the Islamabad High Court in the case involving enforced disappearances and missing persons.

The petitioner, Khushdil Khan Malik, argued that the Constitution provided a mechanism for addressing missing persons in 1974. However, he pointed out the failure of the Law and Justice Commission and the federation in fulfilling their responsibilities. The petitioner urged the court to order the enactment of a law on the matter, emphasizing that legislation would alleviate the burden on the courts. Justice (retd) Javed Iqbal supervised a commission formed by the Interior Ministry, prompting the CJP to request its notification.

During the proceedings, Chief Justice Isa questioned whether the Supreme Court has the authority to instruct Parliament to legislate and sought a reference to a constitutional provision permitting such action. He clarified that the apex court cannot compel Parliament to pass legislation. Chief Justice Isa underscored the importance of institutions operating within their prescribed limits, with Justice Muhammad Ali Mazhar adding that the court’s role is to declare a law null and void, not to legislate.

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