Army bound to help SC if it invokes Article 190

5
315

As the government remains defiant in the face of Supreme Court orders in a number of cases such as the National Reconciliation Ordinance (NRO), National Insurance Company Limited (NICL) scam and the Haj scam, the invocation of Article 190 of the constitution by the apex court for the implementation of its orders appears to have become imminent, with constitutional experts saying that in case the court orders the army to get its orders implemented, the army is bound to act in aid of the judiciary.
While the Supreme Court has yet not invoked Article 190, experts say if such a situation arises, the apex court will pass a formal order. Article 190 states: “All executive and judicial authorities throughout Pakistan shall act in aid of the Supreme Court.” Explaining the process, former chief justice Saeeduz Zaman Siddiqui told Pakistan Today that under Article 190 of the constitution, the Supreme Court may direct the armed forces to get its verdicts implemented in letter and spirit.
“Under the constitution, the court orders are binding for the government and it has to implement them. However, if someone feels that the court orders are incorrect, they would have to go into a review against the order. But if one does not go for a review, it means that the orders need to be implemented,” he said. Asked if former chief justice Sajjad Ali Shah’s letter to General (r) Jehangir Karamat, chief of army staff at the time, had similar reasons behind it, he said Shah had asked the army to provide security to the apex court because of a threat of attack on the court.
“He had not sought the army’s help to implement court orders,” Siddiqui said. Senator Wasim Sajjad, a constitutional expert, said according to Article 190, all agencies of the executive should act in aid of the Supreme Court. He said Shah had written a letter to General (r) Karamat under Article 190 to seek assistance, but it was forwarded to the Defence Ministry by the army chief. Sajjad said there was no mention of parliament assisting the court in Article 190.
Justice (r) Tariq Mehmood said it was beyond his imagination the way a section of the media was presenting the entire scenario. “The popular view today is that the armed forces should take over the country’s affairs (throwing away the elected government). I think these people now want martial law as calling in the army means martial law, which I cannot understand,” he said. The retired judge said Article 190 meant that the court’s decisions had to be implemented by the executive as the court had no mechanism to get its orders implemented.

5 COMMENTS

  1. One belongs to PML (N) and the other is well known figure of establishment so gives any importance to these vagabonds.

  2. Army is bound to help nation and Pakistan.IF coalition cartel of Mir Jaffers,MIr Sadiks,Ghaddars, Munafaks,Qatils,Mokaprsts keep weaken state institutions wickedly,sells off state enterprises ,sells of country to perpetuate power,ill gotten billion of dollars to aliens and state institutions in love of Bhuttos become Dogra courts;then Army must act to get rid country of traitors and 'zalims' who systematically sink state enterprises,state infrastrucure,electricity,Gas,CNG,fuel,water,Dams,State Bank,Raliways,PSML,PIA,state industries nut by nit,bolt by bolt;such anti state government,institutional heads who do not rectify glaring constitutional violations for love of MR Bhutto,Miss Bhuuto then PAkistans' custodians of borders and internal security must not remain negligent but act before it is too late.

    • Mr. Shahzeb whatever! You are a big munafiq yourself and a traitor to the counrty and wish to destroy this country by inviting armed forces. You cannot calculate the consequences of Martial Law blinded by your hatred of PPP. A blind hatred does not have mind at all. All you are suffering from is Bhutto phobia and you will remain a patient all your life. You are writting like a Psychopath

  3. I think it is high time that the Supreme Court invoked article 190 of the Constitution of Pakistan 1973. The present Prime Minister( who became the ex Prime Minister after the imposition of imprisonment until the rising of the Court) and his party have embarraked upon a collision course against the superior judiciary.They are helped and encouraged by their so called coaliation partners. All these parties in the house are guilty of severe Contempt of the Supreme Court and had better watch out.

  4. I think you people supporting your own political parties,
    But remember, that the present situation is quite different
    from this, as you people thinking,Now the foreign pressure on Pakistan army is double.
    as we know that our intelligence agency (I.S.I) is doing double
    duty, as they are busy in search of internal ghadar, as will as external ghadar.
    the ghadars who now a day perform duties for america here.and in america.
    you will forgot meer jafar meer sadiq if you think about zardari, haqani and the whole
    group of the present govt.and some opposition.

Comments are closed.