THIS refers to the article ‘Judicial chemo’ (May 19). It is indeed true that the spirit of the Constitution or law is supreme, and has to be upheld under all circumstances, otherwise the courts will struggle to justify their utility. Let us put the statutes and laws in a computer, and follow them as they command.
The role of superior courts is to interpret law by keeping its spirit alive. The law is not situational: it is dynamic. Can anyone have a license to overspeed on the highway by paying fine? No, of course not, though technically one can get away with it. The spirit of the law is also to check overspeeding as such.
Likewise, you cannot allow a man to kill a person and then book him under Section 302 PPC. The spirit of the law is not only to punish, but also to prevent the commission of an offence. This is inevitable for a harmonious society to exist. This is how the spirit of law becomes so important.
M. Zia ur Rehman
Lahore
Published in Dawn, May 26th, 2022
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