'Court can't strike down law unless identifies constitutional prohibition'.

ISLAMABAD -- The federation's counsel on Thursday argued before the supreme Court of pakistan that unless the court identifies the constitutional prohibition it cannot strike down the law. Makhdoom ali Khan, representing federation, stated that the court can declare a law unconstitutional if it curtails the independence of the judiciary. The exercise of judicial review inherently become different when the judges think what they think is the best for the society. he added that all over the world the courts do not question the motive of the legislation. he made the submissions before a three-member bench of the apex court headed by Chief Justice of pakistan Justice Umar ata Bandial and comprising Justice Ijaz-ul-ahsan and Justice syed Mansoor ali shah during the hearing of former prime minister Imran Khan's petition against the amendments in the National accountability Ordinance (NaO), 1999. Justice Mansoor said that if tomorrow the parliament decides to get rid of the capital punishment then can the court say it cannot. The families of the deceased come to the court and say that their rights are affected as the accused could be hanged. he questioned would this change also apply to the pending murder trials? Makhdoom ali Khan said after the change in the law the persons on death row will not be hanged. he contended at times there were 220 capital offences in england ie for entering into the forest, or stealing a certain amount. But now there is no capital punishment in england for these and many other crimes, except treason. he submitted that due to capital punishment many european countries do not have extradition treaty with pakistan because they think if a person convicted in murder case in their countries, if extradited to pakistan he will be hanged. Justice Ijaz-ul-ahsan remarked that in Islamic law there is concept of eye for an eye. he questioned that can the state abolish the capital punishment. The federation counsel replied: 'we should not see Islam with narrow mind.' Islam also recognises 'Diyat' if there is a law for eye for an eye. he said the capital punishment existed prior to Islam. he added that many Islamic laws are customary, based on the customs which were prevailing at that time. he then presented views of Islamic scholars ie Dr Khalid Masood, former chairman of Council...