Tainted character of dictators blurred Constitution: SC

ISLAMABAD: The Supreme Court (SC) Monday observed that the tainted character of dictators had blurred the basic features of the Constitution.
This observation came from Justice Asif Saeed Khan Khosa when a 17-member full bench of the apex court, headed by Chief Justice Nasirul Mulk, took up petitions against 18th and 21st constitutional amendments for hearing.
Justice Jawwad S. Khawaja said there was no need for obtaining any certificate from India with regard to the constitution and added that the certificates issued by Axact had become so common in the world that there was no need left now for some other certificate.
Justice Asif Saeed Khan Khosa remarked: “Is any change possible in this country through beheadings? Pakistani courts believe in the basic structure of the Constitution. If the nation wants a new constitution then can this constitution be authored?
People from across the world want justice and justice becomes possible through human values. The tainted character of dictators has blurred the basic features of the Constitution.”AK Dogar argued that law could run under justice. “No one can defeat us if our courts administer justice.
The constituent assembly makes the Constitution. The powers of constituent assembly stand abolished after making the constitution. Making constitution is a political matter and it has no relevance with the judiciary.”
Justice Dost Muhammad remarked: “There is no concept of accountability in western laws.AK Dogar said this concept came from Islam. “Reposing trust has also come from Islam.”Justice Ejaz Afzal remarked: “The Objectives Resolution was made part of the Constitution in 1985.
The Constitution was framed in conformity with the principles spelt out in the Objectives Resolution. There was no need to make it part of the Constitution.” Justice Asif Saeed Khan Khosa remarked: “When the Constitution is framed then an amendment can be introduced in it to bring improvement.”
Justice Asif Saeed remarked: “What can we do if the nation wants a new constitution?”AK Dogar said: “Now I talk about if judicial power and judicial review are substitute to each other or otherwise. Judicial review is part of basic contours of the Constitution while court’s powers are limited. As court is court therefore it holds judicial powers.
Justice Dost Muhammad remarked: “The Constitution has conferred these powers on us.”Justice Jawwad S Khawaja remarked: “Judges in the UK are under the throne.” AK Dogar said king was beheaded in France. Justice Asif remarked: “Will the Constitution be changed this way or someone will have to be beheaded.”
Justice Sarmad Jalal Usmani remarked: “Daesh is also using the name of Quran and Sunnah. What do you say about them?” AK Dogar said: “There are three countries in the world which are founded on religion. These countries include Pakistan, Iran and Israel.
The court has powers for judicial review under Article 2-A. Parliament can make amendments of all sorts but it cannot make any amendment contrary to the basic contours of the Constitution, the federation and Islamic teachings.
Generally, the federation, democracy and judiciary are called basic features. There are others too.” Justice Dost Muhammad inquired: “Minorities view point says what?” Justice Asif Khosa remarked: “People from every part of world want justice. Values are justice and these are all taken from the society.
Values are vital. If a system does not acquire these values then the situation does not change. Only values are truth.” AK Dogar said: “Any change in values stands ruled out. The holy Quran and the Sunnah have set values 1400 years ago; these have not changed with the passage of time and on the other hand improvement has come therein.”
He said the SC maintained in 1993 that every law should be framed in consonance with the teachings of holy Quran and the Sunnah. Justice Asif Khosa remarked: “Pakistani courts believe in the basic features of the Constitution and have accepted them persistently. On the other hand, there is nothing like this in the Indian constitution.”
Justice Ejaz Afzal observed: “Fundamental rights can’t be abolished through any law.”AK Dogar said the constitution itself had guaranteed fundamental rights. He said no amendment could affect the basic structure of the Constitution. “If it is done, then the court can nullify it.The hearing was adjourned till today.