Accepting identical pleas challenging the Election Act 2017, Chief Justice Mian Saqib Nisar observed on Monday that Supreme Court cannot overstep its constitutional limits but can only examine a law that is in contrast with fundamental human rights. Heading a three-member bench, Chief Justice Mian Saqib Nisar issued notices to former Prime Minister Nawaz Sharif, Federation and Attorney General for Pakistan in response to 13 pleas challenging 'The Election Act, 2017' that empowered a person to serve as office-bearer of a political party even if he has no qualification to become member of the Parliament under Article 63.
During the course of proceedings, Chief Justice Mian Saqib Nisar remarked that the Act was passed unanimously, adding the Parliament is the supreme body. Responding to the request of a counsel in the case to issue notice to parties, Chief Justice Mian Saqib Nisar said that the bench has to observe the Constitution instead of issuing notices to respondents merely on the ground that a petition has been filed before the court.
He said while addressing a counsel for one of the petitioners to cite verdict of the court where a legislation had been declared void, adding that the court has constitutional power of judicial review but it is also fact that Parliament is the supreme institution.
Pakistan People's Party, Chairman Pakistan Tehreek-e-Insaf Imran Khan, Chief of Awami Muslim League Sheikh Rasheed, National Party and others including Jamshed Dasti have challenged the Election Act 2017 before the Supreme Court. Later, issuing notices to the Federation and others in the matter, the bench adjourned hearing of the case till January 23.
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