Islamabad: The Supreme Court has declared in a case judgment that judges do not have unlimited powers like kings, they make decisions within the limits of law.
The Supreme Court issued its detailed decision on the appeal against the annulment of the special court against former President Pervez Musharraf (deceased). In a detailed judgment written by Justice Mansoor Ali Shah, the Supreme Court declared the Lahore High Court’s decision to invalidate the special court against Pervez Musharraf as unconstitutional.
The Supreme Court in its decision said that by declaring the special court null and void, the Lahore High Court has humiliated the entire judicial system. The judgment of Mustafa Emket case cannot be applied to the special court. Under Article 9 of the Special Court, the accused may be tried in absentia. The High Court also gave Musharraf the relief he did not ask for.
The decision of the Supreme Court further stated that the appeal against the decision of the special court can be made only in the Supreme Court. The trial of Musharraf was referred to the Supreme Court twice.
The Supreme Court in its judgment stated that judges do not have unlimited powers like kings but they make decisions within the limits of law. Judges do not have unfettered sovereign discretion but are guardians of the law. Judges must make decisions based on established law and principles. Judges should make decisions according to established judicial norms and law rather than personal interest and personal desires.
It has been written in the judgment that the Lahore High Court said in the judgment that since Musharraf had issued the PCOGHQ from Rawalpindi, the Lahore High Court can hear the case. The Supreme Court has declared the PCO unconstitutional. A complaint of treason against Pervez Musharraf was filed in Islamabad.
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