In a TV talk show recently, a speaker said that the constitution did not provide an answer if the executive does not act in accordance with the order of the Supreme Court.
This, however, is not correct because if Article 245 (Functions of Armed Forces) provides inter alia that “subject to law, (Armed Forces) shall act in aid of civil power when called upon to do so”, it is balanced by Article 190 under the head “Action in aid of Supreme Court” that all executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.
As such the Supreme Court can call upon any executive authority, including the Army, to aid the Supreme Court to carry out the orders of the court by forcing the government to do so.
In case of refusal to obey the orders of the Supreme Court, it has also the powers to institute contempt of court proceedings against the executive at all levels in the above situation. The Supreme Court has shown proverbial patience in dealing with government agencies who have made it a point to use delaying tactics to circumvent the orders of Supreme Court by hook or crook which is lamentable.
DR MUHAMMAD YAQOOB BHATTI
Lahore
