62
On the question of influence on the judges in this particular instance, it is
reasonable to suggest that the judiciary was biased because they were reconstituted
by General Zia upon a condition known as the Provisional Constitutional Order
(PCO) that they had accepted
ab initio the lawful authority of the regime and
recognized it as the new legislature.
252
The PCO arrangement is clearly the opposite
of the notion of separation of powers. Notwithstanding the absence of separation of
powers, the judiciary was no match for the military regime.
The court dismissed the petition. The Chief Justice (with whom the other members
of the court agreed) held that there was a serious political crisis in the country
leading to a breakdown of the constitutional machinery for which the Constitution
provided no solution. In the
Asma Jilani case the court ruled that the necessity was
unassailable, however, it is argued the court rightly applied the doctrine of necessity
in the
Nusrat Bhutto case.
253
The 1973 constitution was not replaced by another constitution after its suspension
in 1977 but was reinstated with an amendment through the same PCO.
Dostları ilə paylaş: