Two Supreme Courts to resolve Judiciary Restoration debacle?
After the exposure and mass-rejection of the Minus One Theory, constitutional Merlins and Gandalfs are brewing up one potion after another to somehow adjust Justice Iftikhar Chaudhry and his fellow deposed judges with existing judicial setup.
Rauf Klasra reports that setup of two parallel Supreme Courts is being considered as part of a draft constitutional package to resolve the complex issue of the deposed judges’ restoration.
If this consideration come into play a new court Federal Constitutional Court (FCC) will be created that will house current Chief Justice Abdul Hameed Dogar and his fellows. FCC will be exclusively empowered to deal with all the constitutional issues, such as the interpretation of the Constitution, the National Reconciliation Ordinance (NRO), constitutional controversies, the validity of President Musharraf and most importantly the suo motu actions. Justice Iftikhar Muhammad Chaudhry will head a court that would act as appellate court on the high courts of the four provinces. It will deal only with criminal and civil cases.
An important impact of this proposed amendment over the life of common citizen would be withering away of the writ jurisdiction, as provided under Article 199 of the Constitution, and all five writs shall be exclusively entertainable by the federal Constitution alone.
Keeping all legal mumbo jumbo aside, this idea is totally against the wishes of People of Pakistan, who on February 18, 2008, have given distinct mandate for restoration of Justice Iftikhar Chaudhry as sole Chief Justice of Pakistan.
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