Islamabad: In a significant judgement, a Pakistan High Court has said that
Parliament is the supreme authority to decide on the legality of the Constitutional
amendments promulgated by President Pervez Musharraf.
Dismissing an intra-court appeal filed against the Legal Framework Order (LFO) which
incorporated Musharraf's Constitutional amendments, a two-judge division bench of
the Lahore High Court on April 10 said it cannot decide on such issues as they have
to be settled by Parliament which was the
supreme body.
The judgement came after Musharraf asserted that the LFO was legal, as he has been
authorised by the Supreme Court to amend the Constitution. Besides recognising the
election of Musharraf as President through a referendum in 2002, the LFO also
conferred power on him to dissolve Parliament.
The division bench also said the decisions of the Supreme Court are binding and this
court cannot sit to review them as a court of appeal.
While declining to go into legal issues involved in the case, the Lahore High Court
quoted remarks of a US judge who said, "Those who put their hopes in Constitutions,
laws or courts were mistaken. Liberty lies in the hearts of men and women and when
it died, no Constitution, no law and no court could do much to help it."
Almost all Opposition parties declined to recognise the LFO and asked the government
to submit it for ratification by Parliament and the four provincial Assemblies as
stipulated by the 1973 Constitution.
PTI