MANSEHRA, Nov 17: Justice Ijaz Afzal Khan, a deposed judge of the Peshawar High Court, has said that the state of emergency is against Islamic principles as it imposes the will of an individual on the majority of people.
Addressing the Mansehra District Bar on Saturday, he said Islam ordained its followers to stand firmly against those who imposed their individual will on the majority who followed the just path according to the Sharia and rule of law.
“Since the emergency takes away the fundamental rights of a citizen and imposes the will of a single person, it is not only against Islamic principles but also against the Constitution of the country,” Justice Ijaz said.
“Due to the same reason, the seven-member bench of the Supreme Court gave a verdict against the imposition of emergency and restricted the judges from taking oath under the Provisional Constitution Order,” he added.
Earlier, Justice Ijaz was accorded a warm welcome. Mansehra district bar association president Shahjahan Khan Swati awarded lifetime membership of the association to Justice Ijaz.
Justice Ijaz had conducted the inquiry into the manhandling of the Chief Justice Iftikhar Mohammad Chaudhry while he was under suspension.
“In the past, judges of the superior courts had granted a smooth passage to dictators under the doctrine of necessity, but now time has changed because if we continue to repeat our wrongdoings, Pakistan’s existence will be in danger,” the honourable judge said. He added that under Article 199 of the Constitution, judges of superior courts could take a suo motu notice if they witness violation of fundamental rights.
