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SC’s Reluctance “To Do Complete Justice” May Fail State

By R Ahmad

Unfortunately, Supreme Court of Pakistan has been reluctant to full fill its obligation of doing “Complete Justice” in accordance with the spirit of Article 187 of the constitution. Barring aside Panama Leaks case, prolonging of Tayyaba Torture also substantiate this assertion and perception.

An international law expert opines that the availability of settlement agreement between accused judged and family, statement of judge with Police, Islamabad High Court  and medical board report confirming torture are enough to find the accused guilty of Abetting Torture,Child Labour,Forced Labour ,Slavery. Judge employed the child against advanced money, 24/7, with no leave in two years and in hazardous condition with open flame). Sending the case to same police, which in the first place failed to follow due process of Law reflect nothing but reluctance? Such procrastination has not only lowered the respect and confidence of people on SC but the entire justice system.

The consequence of this lapse becomes more pronounce in a country where all other state institutions capitulate/ surrender to the will /wish of ruling elite.

While the founders of constitution were people of wisdom/ realist, had included this provision to allow SC of Pakistan being the final court of law, knows no bounds and limitations while dispensing justice to the parties. Ironically, our legal fraternity is hell bound to question/cut SC’s powers to complete justice, with little realization that the failure of institutions to exercise check and balance on govt was one of the main reason for unconstitutional acts by military. It may be mentioned Indian constitution also give its SC to do complete justice :

(Ref: http://www.lawteacher.net/free-law-essays/administrative-law/supreme-courts-power-to-do-complete-justice-administrative-law-essay.php ) .

According to legal experts who support /advocate, suggest that SC should exercise this power/authority in cases where there is a manifest error and the non-exercise of Article 187 may lead to the travesty of justice. For example, the law or the statutory provisions found to be incapable of redressing the grievances of the parties, or where the adherence to the statutory provisions or procedural rules would be unjustified in the facts and circumstances of the case.

The failure of all institution of state to probe/act in Panama Leaks Case (for obvious reasons) it logical and prudent for SC to exercise its constitutional power to do complete justice to redress the complaint against Chief executive/PM of the country. Any attempt to shy away / shifting the responsibility will lead to death of justice and pave the way for anarchy.

It may be pertinent to remind that that the Preamble to the Constitution of Pakistan contemplates that justice shall be social, economic and political in nature. Therefore, most probably founding fathers wanted the powers under this article to remain undefined in nature, so as to enable the court to develop its own jurisprudence. It is submitted that Article 187 is a repository of unlimited powers, to do complete justice.

Justice means that it shall always be ‘complete’ in nature, and that every nerve in the court of law shall be strained for achieving the same.

As according to Hazrat Ali RA, a state based on injustice cannot survive.

 

 

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