๐๐ก๐ ๐๐จ๐ฐ๐๐ซ๐ฌ ๐จ๐ ๐ญ๐ก๐ ๐๐ฑ๐๐๐ฎ๐ญ๐ข๐ฏ๐ ๐๐๐ ๐ข๐ฌ๐ญ๐ซ๐๐ญ๐๐ฌ ๐ข๐ง ๐ญ๐ก๐ ๐๐๐ ๐๐ซ๐ ๐๐ง๐๐จ๐ง๐ฌ๐ญ๐ข๐ญ๐ฎ๐ญ๐ข๐จ๐ง๐๐ฅ: ๐๐๐
In a recent judgment, Justice Arbab Muhammad Tahir of the Islamabad High Court declared the executive magistracy in Islamabad unconstitutional as being in contravention of Articles 175, 202 and 203. The Court ruled that the 1973 Constitution allowed only 14 years of relaxation during which period the judiciary was to be separated from the executive. That period has lapsed long ago; the Supreme Court has time and again held in a number of judgments that the salient feature of the Constitution that there must be separation of power among the three organs must be adhered to and followed in letter and spirit. The Court made a reference to numerous case laws of the Supreme Court wherein the SC has categorically declared the executive magistracy unconstitutional.
This judgment was need of the hour as executive magistracy had created a parallel forum for redressal of criminal cases with that of judiciary and that parallel forum did not adhere to due process of law and fair trial as envisaged in the Constitution. It implies that the executive magistracy were violating the fundamental rights as well.
The Court at the end restrained the executive magistrates from taking cognizance of any criminal matter under the Cr.P.C forthwith.
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