Three-judge bench adjudicates on distinction between judicial review, judicial activism and judicial overreach
PHOTO: AFP/FILE
The Supreme Court has ruled that when judges commit “judicial overreach” they violate their oath, in a judgment that adjudicated on the distinction between judicial review, judicial activism and judicial overreach.
A three-judge bench, led by Justice Manzoor Ahmad Malik and comprising Justice Syed Mansoor Ali Shah and Justice Aminuddin Khan, described the judicial overreach as the courts’ exercise of power outside the Constitution and the law and encroachment on the domain of legislature or the executive.
“Judicial overreach is transgressive as it transforms the judicial role of adjudication and interpretation of law into that of judicial legislation or judicial policy making, thus encroaching upon the other branches of the Government and disregarding the fine line of separation of powers, upon which is pillared the very construct of constitution
Justice Qazi Faez Isa of the Supreme Court on Tuesday insisted that he was fighting for the future of Pakistan as well as the institution of the judiciary. SC website/File
ISLAMABAD: Justice Qazi Faez Isa of the Supreme Court on Tuesday insisted that he was fighting for the future of Pakistan as well as the institution of the judiciary.
“We are living in a gutter contrary to what the founding father Quaid-i-Azam had envisioned, but they say as if I will be dusted out at some appropriate juncture,” Justice Isa argued in a high-pitched tone while appearing for the third time before a 10-judge Supreme Court bench headed by Justice Umar Ata Bandial.
Justice Isa says he s fighting for future of judiciary - Pakistan dawn.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from dawn.com Daily Mail and Mail on Sunday newspapers.
The Supreme Court on Tuesday dispelled the impression that Justice Qazi Faez Isa was not given court sitting for the week commencing on Feb 15. Photo courtesy Supreme Court website
ISLAMABAD: The Supreme Court on Tuesday dispelled the impression that Justice Qazi Faez Isa was not given court sitting for the week commencing on Feb 15 and explained that the judge opted to do chamber work on his own.
In a statement, the Supreme Court office explained that on Feb 9, the court roster was issued in which Bench-IV of the Court comprised Justice Isa and Justice Syed Mansoor Ali Shah.
But on instructions from Justice Syed Shah, his personal secretary sent a note on Feb 12 to the Registrar office informing that Justice Shah, on medical grounds, would not be available to sit in the bench.
LAHORE: The Supreme Court is set to announce on Wednesday a reserved judgement on a point whether a mentally ill death row prisoner can be executed.Headed by Justice Manzoor Ahmad Malik, a.