Balochistan Law and Order Case: Government files review petition against Supreme Court’s interim order

Thursday, November 8th, 2012 4:00:35 by

The federal government on Thursday filed a petition in the Supreme Court requesting it to review its verdict in the Balochistan law and order case.


On Oct 12, the apex court had issued an interim order on a petition on the law and order situation and human rights violations in Balochistan, stating that the provincial government had constitutionally failed to curb human rights violations, targeted killings and kidnappings for ransom in the province.


The ruling had stated that the provincial government had failed to establish the writ of law and had lost the authority to govern the province in accordance with the Constitution.


The review petition states that the Supreme Court’s verdict was a violation of Article 112 of the Constitution of Pakistan, according to which the Balochistan government can advise the provincial governor to either impose an emergency or a governor rule.


The federation’s petition, filed today, states that the order was “extremely dangerous” for the country and was based on assumptions, adding that, through the ruling, an attempt had been made to revive the spirit of the 17th Amendment.


The federation’s stance states that running a government or evaluating the performance of governments was outside the mandate constitutionally delegated to the superior judiciary.


The petition moreover states that the judiciary’s involvement in the country’s politics was a violation of Article 5 of the Constitution, adding that, judges could not violate their oaths.


It further states that the court’s order was not in accordance with the authority that the Constitution had placed in the judiciary.


It said that in the order, the bench employed Article 58(2) (b) which had been discarded through the 18th Amendment.


The petition also states that the ruling was incomplete as the bench had not stated whether or not the restive province was in a state of emergency.

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