No legislation can be enacted against fundamental rights: CJ

F.P. Report

ISLAMABAD: Chief Justice of Pakistan (CJP) Mian Saqib Nisar has remarked that there can be no legislation against the fundamental rights.

He further observed lack of uniform law for police is violation of article 25. Those who have no knowledge about law talk on powers of the court. No legislation can be enacted against the fundamental rights.

He gave these remarks while presiding over three members bench of Supreme Court (SC) during course of hearing of Sindh government appeal against appointment of AD KHawaja IG Sindh here Thursday.

Farooq H Naik counsel for Sindh government said the petitioner had requested for revocation of police act 2011 and restoration of 2002. But Sindh government provided relief beyond the request.

The CJP, while terming relief discretion of the court remarked there should be a uniform law for police throughout the country. This should be applicable to police of all provinces. Lack of uniform law for police is breach of article 25.

Farooq H Naik requested that powers laid down in article 199 should be seen with article 175.

CJP remarked powerless IG Police will maintain discipline how. There is no justification for raising objection if high court issues orders with reference to implementation of fundamental rights. The court can not restrain the provincial assembly from legislating. However there can be no legislation against fundamental rights.

Farooq H Naik said high court has given the powers of posting and transfer to IG which is discriminatory treatment.

CJP remarked police job should be done without political interference. Will removing the IG at the behest of provincial government be in the interest of the province?  How much period is left in the   completion of tenure of service by AD Khawaja IG Sindh which is worrying Sindh government.

Naik said restrictions on the powers of parliament will run contrary to the constitution.

Justice Omar Ata Bandial remarked federation means running the system with mutual cooperation. But decades have been elapsed but Council of Common Interests has not been made powerful institution.

The SC rejected plea from former IG Shoaib Saddal for becoming party in the case and adjourned the hearing of the case till March 07.