ISLAMABAD: The Supreme Court on Monday ruled that all judicial and executive authorities were bound to obey its orders under Articles 189 and 190 of the constitution.
Article 189 reads, “Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan.”
Article 190 says, “All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.” The application of Article 190 also includes the armed forces as an executive authority.
A 17-member larger SC bench, headed by Chief Justice Iftikhar Muhammad Chaudhry, was hearing a suo motu case pertaining to media reports alleging the government of contemplating the withdrawal of the March 16, 2009 notification reinstating the superior judiciary.
Appearing on notice, Attorney General Maulvi Anwarul Haq told the court that in compliance with its October 15 order, 105 constitutional and state functionaries as well as administrative heads had been served court order and a compliance report had also been sent to the registrar.
The chief justice asked the AG whether anyone from the government’s side was willing to file a statement in the court to which the AG replied in the negative, saying that no notice had been issued in this regard.
Choice: While disposing the case of, the court noted, “The case has been disposed of by a binding order in terms of Article 189 read with Article 190 of the constitution, therefore, it is up to the concerned authorities to submit the statement.”
According to the October 15 order, the government was required to conduct an inquiry through an appropriate responsible functionary to ascertain whether the statement was true or not, how had the news spread in print and electronic media and who was responsible for it.
The AG submitted that a committee had been formed to ascertain the facts behind the news. He also submitted before the court an interim report of the inquiry committee. After examining the report, the court noted that appropriate expressions had not been used for which it had its reservations.
The AG stated that as the committee could not complete its deliberations, it needed more time to submit its final report.
The court adjourned proceedings for indefinite period.
