'Executive has no choice but to comply with court orders' says Justice Mansoor Ali Shah

2 months ago

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Executive has no choice but to comply with court orders: Justice Shah says not acting on verdicts is ‘constitutional violation’

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Transcript

00:00that it is not possible that the judgment of the Supreme Court should not be implemented

00:04the Supreme Court has decided that it has to be implemented

00:07that is the system of this country

00:09judgments should not be implemented

00:11this cannot happen

00:13he is full in control, he is there

00:15and I have very good friends

00:18may Allah give them a lot of life

00:20and they are in control and they are in court

00:22so why am I not fine?

00:25thank you very much for this

00:27but I wanted to clarify

00:29you said acting, so I thought it was not appropriate

00:32then it's fine

00:34then it's fine

00:36about implementation

00:38I want to tell you a little

00:40I am sorry I am just mixing English and Urdu

00:43I understand we have foreign delegates here

00:45but few things from the heart can only be said in our national language

00:49I will keep switching and my apologies in advance to that

00:54excellent

00:56then everything is fine in Urdu

00:59then there is no need for English

01:01excellent, I am very happy to note that

01:03the directions in this judgment

01:06I have gone through, I have seen it

01:08and Mr. Sadal, Mr. Saqib and others have repeated it

01:12I don't want to mention it again

01:15I wanted to come to implementation

01:18that it is not possible that the judgment of the Supreme Court should not be implemented

01:23but here is an example in front of you

01:25in which it is very late

01:27but it should not happen

01:29I am seeing that it is the judgment of 2014

01:31and in this the last hearing

01:33which I have checked the record

01:35the effective hearing

01:37that was on 30th November 2022

01:40in 23 it was in front of the wrong bench

01:42they said there are two members, it cannot be

01:44and in 2024 we have come

01:47so as I said, I personally apologize for this

01:51and of course I will take it up and try to take it further

01:54but I want to underline

01:56and because everyone is sitting and they must be thinking

01:58that in this way judgments are not implemented

02:00it is not like that

02:02the judgments of the Supreme Court are absolutely implemented

02:05and this is the structure of the Constitution

02:07and I would like to say a little about this

02:09recently we said

02:11that this thing should be made absolutely clear

02:13that it is never possible

02:15that the judgment of the Supreme Court should not be implemented

02:18it cannot be

02:20it will be against the Constitution

02:22if this is thought

02:24because the executive institutions have to recognize

02:26that they have no choice

02:28but to comply with the orders of the Supreme Court

02:31I am not saying this, the Constitution is saying this

02:33this is the structure of the Constitution

02:35and this authority is drawn by the Supreme Court

02:37from the Constitution, not from any other document

02:39no one has a choice

02:41to state that it is not right or wrong

02:43the Constitution says that this is judgment

02:45and this judgment has to be implemented

02:47this is the way

02:49you can make the entire structure

02:51but the Constitution

02:53according to the structure of the Constitution

02:55this is the position

02:57and there can be no disregard or delay

02:59to any verdict

03:01otherwise you will ruin the entire legal system

03:03you will ruin the entire balance of the Constitution

03:05and the legal system

03:07if you go in this direction

03:09that judgments should not be implemented

03:11this is not possible

03:13this is also against the separation of powers

03:15separation of powers gives us a task

03:17it gives a task to the executive

03:19it gives a task to the legislature

03:21which is our task

03:23otherwise you will totally out of balance

03:25the concept of separation of powers

03:27and this is the core component

03:29separation of powers

03:31is the core component

03:33of democracy

03:35and it should not be disturbed

03:37remember that our decisions

03:39as we have said recently

03:41in the Supreme Court

03:43this is not something

03:45that you have to implement

03:47as a courtesy

03:49but it is an obligation

03:51it is a constitutional obligation

03:53and you will have to follow it

03:55and this is a very delicate equilibrium

03:57in the Constitution

03:59it is important to respect it

04:01it is our obligation

04:03to keep this balance

04:05and there should be no executive overreach

04:07no one has a choice

04:09to second guess

04:11whether the judgment is right or wrong

04:13it is an obligation of the Supreme Court

04:15the Supreme Court has decided

04:17that has to be implemented

04:19that is the system of this country

04:21that is the Constitution of this country

04:23if you want to make a new system

04:25then make it first

04:27then we will talk about it

04:29moving on, it has become clear

04:31that this is a duty

04:33a constitutional duty

04:35and it has severe consequences

04:37if you do not implement

04:39I want to make this clear

04:41if you do not implement

04:43it will not happen

04:45we will see this judgment

04:47and I assure you

04:49within my powers

04:51I will make sure

04:53that this judgment is implemented

04:55in literary spirit

04:57and we take it to its final conclusion

04:59now

05:01I just want to

05:03talk about

05:05something else also

05:07I want to say

05:09that it will be implemented

05:11and you have made me repeat

05:13that it is not being implemented

05:15but it will be implemented

05:17and we will take it forward

05:19but since this is an opportunity

05:21to talk about minority rights

05:23I want to make a request

05:25that how are we looking at

05:27minority rights in the Supreme Court

05:29how are judges looking at it

05:31how is the legal sector looking at it

05:33we see that we have 96.3%

05:35Muslims in Pakistan

05:372.6% Christians

05:391.6%

05:41and the rest

05:43Sikhs, Buddhists

05:45and the rest

05:47are less than 1%

05:49this is their proportion

05:51I want to make it clear

05:53that minority is just a number

05:55and nothing more

05:57there are less people

05:59we are more Muslims

06:01there is no more difference in the law

06:03all your fundamental rights are in the law

06:05so you should relax

06:07and rest assure

06:09that you are sitting in Pakistan

06:11and you have the same rights

06:13as I do

06:15you have the same fundamental rights

06:17as I do

06:19and minority is just a number

06:21nothing more

'Executive has no choice but to comply with court orders' says Justice Mansoor Ali Shah

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