No place for 'judicial martial law' in Constitution, says CJP

Published March 23, 2018
CJP Mian Saqib Nisar speaks at Lahore's Cathedral Church. — DawnNews TV
CJP Mian Saqib Nisar speaks at Lahore's Cathedral Church. — DawnNews TV

Justice Mian Saqib Nisar on Friday dismissed rumours of the possibility of "judicial martial law" being imposed in the country, saying that there was no Constitutional provision for such a move.

He also stated unequivocally that autocratic rule would not flourish in Pakistan as long as he is chief justice.

Addressing a congregation of students at Lahore's Cathedral Church on Pakistan Day, the CJP said, "The kind of things that are being said about a judicial martial law — the Constitution does not allow any such thing."

The CJP asserted that he had "taken an oath to protect the Constitution".

"Any deviation from the Constitution will not be tolerated," he declared, vowing that he would not allow "democracy to be derailed in the country".

He said he hoped the upcoming elections would be independent and the next government would be formed in accordance with the Constitution.

He insisted that it was the duty of a judge to treat everyone, be it a ruler or a citizen, equally.

On the occasion, the CJP declared that the minorities of Pakistan were "very dear to the judiciary", recalling that Quaid-i-Azam Mohammad Ali Jinnah had said on numerous occasions that non-Muslim communities in Pakistan would have the same rights as the Muslim majority.

Sheikh Rashid wants judicial intervention

Awami Muslim League (AML) President Sheikh Rashid had demanded on Wednesday that the Supreme Court appoint a caretaker government, even if it has to impose judicial martial law for 90 days, to supervise the upcoming general election.

“The chief justice of Pakistan should supervise the general election in consultation with Election Commission of Pakistan to stop election rigging and in this regard, he will impose a judicial martial law for 90 days until election day,” Sheikh Rashid told Dawn afterwards.

Commenting on this, veteran politician Javed Hashmi said Sheikh Rashid's remarks had just confirmed what he has been saying since the Pakistan Tehreek-i-Insaf's 2014 sit-in.

He had further said the judiciary had never been independent in the country, adding that Rashid never did his own politics and had always taken directions from “others”.

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