ISLAMABAD - Jamaat-e-Islami Wednesday moved the Supreme Court of Pakistan praying to declare the Protection of Pakistan Act, 2014, ultra vires of the Constitution.
The federal government says that the intention and purpose of the Act is protection against waging of war against Pakistan and the prevention of acts threatening the security of Pakistan. Both the Houses of the parliament had passed the Protection of Pakistan Bill 2014, which after the notification by the President became Act. The JI was the only party that had opposed the bill in the National Assembly.
Ameer Jamat-e-Islami Siraj-ul-Haq filed the petition under Article 184(3) of the Constitution and made the federation through Secretary Ministry of Law, Justice & Parliamentary Affairs and Principal Secretary of the President as respondents.
The petition, filed through advocates Taufiq Asif and Sheikh Ahsan ud Din, says that the Act is in violation of the basic principle of Policy and fundamental rights guaranteed to the citizens of Pakistan in Chapter-I, Part-II of the Constitution.
It is the deviation from the fundamental rights guaranteed in Article 8 of the Constitution for protection against any law in consistent with or in derogation of fundamental rights of the citizens to be void.
The petition said that the State is responsible to the security of person and no citizen shall be deprived of life or liberty save in accordance with law and his safeguard as to arrest and detention laid down in Article 9 and 10 of the Constitution.
It raised a question that the act of Parliament against the infringement of fundamental rights of citizens of Pakistan has any sanctity and above the judicial review of Supreme Court? JI Ameer contended that the State should be restrained to make law, which takes away or abridges the rights so conferred and any law made in contravention of fundamental rights.
“Any legislation in form of section 3 (2) (b & c) is inconsistent with the fundamental right of citizens to be dealt with in accordance with law as provided in Article 4 and inviolability of dignity of man proved in Article 14?”
The petitioner said the establishment of Special Courts is in violation of the principles laid down by this august Court in violation of Article 10 and 10-A of the Constitution. The impugned legislation is another attempt against the principles laid down in Judgment Mehram Ali and others V/s Federation of Pakistan cited as PLD 1998 SC 1445.
The important provisions of Code of Criminal Procedure, 1898, Sections 374, 426, 435, 439, 439-A, 491, 496, 497, 498 and 561-A are inconsonance with the fundamental rights and any exception to said provisions is the negation of guaranteed fundamental rights and judgment passed by the Superior Courts of Pakistan.
The definition of enemy, alien and combatant enemy is not inconsonance with the Constitution and Rule 2 (2) of Defense of Pakistan Rules, 1971.
The jurisdiction of Government to authorize the detention of a person upto 90 days is acting in a manner prejudician to the Article 10 and 10-A of the Constitution.
The retrospective effect and its implementation regarding the missing persons and their matters pending in the Courts, is not intervention and taking away the jurisdiction of judicial review of the Superior Courts of Pakistan.