Islamabad: The failure of the legislature to function effectively has always led to military interventions, Pakistan's new Chief Justice Abdul Hameed Dogar opined while asserting that the jurisdiction of the courts remained "intact" even under martial law.

Dogar made the observation while the apex court was hearing petitions challenging the emergency and the Provisional Constitution Order (PCO) issued by President Pervez Musharraf.

His comments came in response to a statement yesterday by a petitioner that Musharraf should have placed before Parliament his reasons for imposing the emergency instead of taking an unconstitutional step.

A seven-member bench headed by Dogar is currently hearing two petitions challenging emergency. He also rejected a petitioner's contention that Musharraf is only a "ceremonial army chief" as he is waiting to take oath for a second presidential term and could not impose emergency.

"Parliament had allowed Musharraf to hold both posts by amending Constitution," said Chief Justice. The jurisdiction of the courts remained intact even under martial law and the powers of the judiciary could not be curtailed through the emergency, he added.

Dogar asserted, the courts had the power of judicial review even on matters relating to extra-Constitutional steps, like the imposition of emergency.

Source : PTI