Categories Courts

SC has to interpret law rather making the law : CJP

While hearing a suo motu case pertaining to top investigation agency’s harassment of journalists Tuesday Chief Justice of Pakistan Qazi Faez Isa observed the court was meant to interpret law instead of enacting legislation saying the court would be unable to provide remedy in absence of any relevant law.

He was heading a three-judge bench, comprising Justice Muhammad Ali Mazhar and Justice Musarat Hilali for hearing the matter saying he only follow the Constitution and law of the land. During proceedings, Pakistan Federal Union of Journalists (PFUJ) apprised the Federal Investigation Agency (FIA) was mixing criticism with trolling.

The CJP observed the court could interpret law but it could not enact a law. “What we can do when there is no law,” he said, adding the court could only request the stakeholders to sit together. “We follow the Constitution and the law. Criticism doesn’t matter to us.” A member of the bench Justice Mazhar remarked there was no law to regulate social media. “No regulatory laws apply to social media,” he said.

Attorney General for Pakistan (AGP) informed the FIA had assured that the process of issuing notices to journalists would be delayed until general elections. The AGP reiterated his earlier statement to the court on Monday that no action would be taken against journalists. The court sought report about the investigation into the attack on journalist Absar Alam. It also allowed the PFUJ to become a party to the case. The court further said that the Press Association of the Supreme Court (PAS) could file an application if it wanted to do so.

Journalist organisations requested the court to suspend the FIA notices. However, the CJP responded saying the court had not examine any notice yet; adding that if something came in writing through civil miscellaneous application then the court could proceed. A journalist told the bench that attempts were being made to control the media before the elections. To which the CJP asked the journalist to place his plea through writing. Later, the hearing was adjourned till first week of March.

Author

Khudayar Mohla, Managing Partner Mohla & Mohla, Founder of the Law Today Pakistan,

Managing Partner at Mohla & Mohla - Advocates and Legal Consultants, Islamabad, Founder of The Law Today Pakistan (TLTP) Newswire Service. Former President Press Association of Supreme Court of Pakistan with over two decades of coverage of defining judicial moments - including the dissolution and restoration of Chief Justice Iftikhar Muhammad Chaudhry, Asif Ali Zardari NAB cases, Syed Yousaf Raza Gillani contempt proceedings, Panama Papers case against Mian Nawaz Sharif, matters involving Imran Khan, and the high treason trial of former Army Chief and President Pervez Musharraf. He now practises law and teaches Jurisprudence, International Law, Civil and Criminal Law. Can be reached at: mohla@lawtoday.com.pk

More From Author

Leave a Reply

Your email address will not be published. Required fields are marked *

You May Also Like

Khudayar Mohla, Islamabad High Court, IHC, Islamabad Local Government elections, local government election petitions, Election Commission of Pakistan, ECP, presidential ordinance, Islamabad Capital Territory, ICT local government, Jamaat-e-Islami, JI, Mohammad Nasrullah Randhawa, Advocate Chaudhry Shoaib Ahmed, local bodies term, constitutional obligation, local government election delay, Islamabad LG polls, ICt Local Government Amendment Ordinance 2026, President Asif Ali Zardari, Articles 17, 32, 89, 140-A, election schedule withdrawal, court adjournment, bench unavailability, deferred hearing, joint petitions, Markazi Muslim League

IHC Adjourns Islamabad LG Election Pleas After Court Roster Cancelled

ISLAMABAD:  A scheduled hearing for the Islamabad Local Government (LG) election petitions was deferred Tuesday…

Khudayar Mohla, Section 4-C, Super Tax Pakistan, Income Tax Ordinance 2001, ITO 2001, Finance Act 2022–23, high-income taxpayers, Federal Board of Revenue, FBR Pakistan, Federal Constitutional Court, FCC Pakistan, government appeals, Hafiz Ahsaan Ahmad Khokhar, constitutional validity, judicial review Pakistan, taxation authority, double taxation, retrospective tax, separation of powers, Pakistan tax law, federal revenue

Levy of Super Tax Within Parliament’s Exclusive Taxing Power, Govt Lawyers Argue Before FCC

ISLAMABAD: A three-member bench of the Chief Justice Federal Constitutional Court Justice Amin-ud-Din Khan is…

Khudayar Mohla, Peshawar High Court, PHC glacial ice case, illegal glacial ice harvesting Pakistan, glacier protection KP, snow transportation ban KP, environmental protection Pakistan, climate change Pakistan courts, Hazara glacier exploitation, Malakand glacier cutting, KP Environmental Protection Agency report, deputy commissioners KP directives, Upper Chitral glacier protection, Swat snow harvesting ban, Mansehra glacier preservation, Upper Dir environmental case, Upper Kurram glaciers, environmental litigation Pakistan, Tariq Afghan petition, PHC environmental orders, glacier conservation Pakistan, biodiversity protection KP, flood risk climate change Pakistan, commercial ice exploitation ban, snowbound districts KP, environmental laws enforcement Pakistan

PHC Directs 6 DCs to Protect Glacial Ice in Snowbound Districts

PESHAWAR: While hearing a petition from environmentalist Tariq Afghan – who sought a government crackdown…