SC needs to interpret constitution's Article 226: AGP.
ISLAMABAD -- Attorney General for Pakistan Barrister Khalid Jawed Khan on Thursday resumed his arguments before the Supreme Court of Pakistan over the presidential reference seeking opinion of the court about holding Senate elections with open ballot.
A five-judge larger bench, headed by Chief Justice Gulzar Ahmed and comprising of Justice Mushir Alam, Justice Umar Ata Bandial, Justice Ijazul Ahsan and Justice Yahya Afridi, hearing the reference.
Attorney General argued that in this matter an amendment in the constitution not required it needs interpretation of the constitution and the Supreme Court could interpret the constitution.
'The fundamental question of the matter is, who will interpret the article,' Justice Ijazul Ahsan posed question.
'The reference is based on this question that the Supreme Court should interpret Article 226 of the constitution,' state counsel said. The constitution has mandated the court to interpret the constitution, AG said.
The court could decide a dispute between two governments, hear appeals against high courts and provide an advice or guideline over a reference, Khalid Jawed said. 'The parliament legislates and the court interprets it,' Justice Ijazul Ahsan remarked.
The Supreme Court has been an appellate forum as well as a constitutional court, AG argued.
'The court have to act with caution as there is not appellate forum after the supreme court,' Justice Yahya Afridi remarked.
'The court had authorized the parliament to recognize Bangladesh,' Attorney General said. 'Hitler was also an elected representative. If tomorrow someone will call himself a Caliph, the court definitely wouldn't permit it. The...
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