Hammad Ali Profile picture
Sep 25, 2022 β€’ 9 tweets β€’ 4 min read Twitter logo Read on Twitter
This goes hand in hand with the #inclusiveness characteristic of #democracy. πŸ™Œβš–οΈ A "judgement with more members on the bench regardless of the number of judges in majority i.e proportionality" should prevail. 8/8
#Certainty on this matter as to which decision has more binding force was long needed. 7/8
The #SupremeCourtOfPakistan is still in confusion as to whether a "judgement with a better proportionality should prevail" or a "judgement with more members on the bench regardless of the proportionality" should prevail. 6/8
The Supreme Court of Pakistan should follow this precedent set out by the #SupremeCourtOfIndia, in order to bring some certainty. 5/8
In this matter, the #democratic sense of inclusiveness incorporated in the article 70(3) of the #ConstitutionOfPakistan provides guidance by clearly mentioning that....
.....a decision by a joint session (larger number of members) of the parliament prevails/becomes a bill regardless of the previous greater proportionality in separate sitting of any house or separate sittings of both houses of the parliament, as the case may be. 3/8
But there is a paradox! This judgement, of preferring a larger bench judgement, is given by a 5-judge bench! What if a 6-judge bench overturns this judgement? Back to square one, an infinite regress πŸ˜‚
Well! #EnBanc judgement, to prefer the larger bench #judgement, can settle this matter permanently. βš–οΈπŸ‘¨β€βš–οΈ 1/8
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More from @JurisDrHammad

Jan 30
Pensions are neither ex-gratia nor gratuitous payments by the government. Pensions are mandatory payments in lieu of services they've already rendered and into the bargain, during the period of their services, they have paid monthly deductions for this purpose. πŸ‘¨β€βš–οΈβš–οΈ
Revoking a pension, for any reason, is a violation of the right to life and the right to family. (Article 9 & 35 of the Constitution of Pakistan respectively) 2/3
Your personal wish to revoke pensions for reason of leaving the country would also be a violation of right to freedom of movement incorporated in municipal as well as international law.~ please read Article 15 of Constitution of Pakistan with Article 12 of ICCPR & 13 of UDHR. 3/3
Read 4 tweets
Jan 7
This is not less than Judicial Activism.βš–οΈπŸ‘¨β€πŸŽ€ I often refer it to #Jurocracy. The legacy of Iftikhar Choudri and Saqib Nisar should neither be promoted nor be celebrated. The judiciary must work within its constitutional and lawful domain.
This inquisitorial approach by the judiciary is against the very sense of Trichotomy of Powers incorporated in the Constitution of Pakistan.πŸ‡΅πŸ‡°
It is not the duty of the court to investigate or to collect the evidence.
The collection or production of evidence is the duty of prosecution/parties as the case may be. In case, a court is not satisfied with the investigation, it may order a reinvestigation but must not assume the investigation as his own domain.
Read 8 tweets
Jan 1
Majority might have their resolution for 2023 to find a stable job or at least to make their jobs stable. But my resolution of 2023 is to quit the stable job I already have. ✌️
#resolutions2023 #2023goals #2023NewYear
P.S: A stable job & pension are a curse. It drains out all the innovative drive and intellectual yearning. It makes addicted to mediocrity. It’s hard to stay motivated then. It's trading like the best years of life for a secure old age, which might not even come. πŸ€·β€β™‚οΈ
No one will give a shit when you are old and retired.
Read 4 tweets
Dec 25, 2022
Juries are a democratic and populist concept; engaging and involving the ordinary persons in a legal system.
The US legal system as a whole is envious.
The "doctrine of check and balance" is what makes the US system distinct....
The jury nullification also referred to as "pious perjury" is actually a check and balance against the organs of government as a whole in favor of the accused. (The accused is the favourite child of law.)
Notwithstanding, common law, life and limbs of the accused are at stack in criminal proceedings ergo it needs more check and balances especially against the judges.
Read 5 tweets
Dec 25, 2022
Judges of the Supreme/High Court are duty bound to preserve, protect and defend the Constitution of the Islamic Republic of Pakistan under their oaths.βš–οΈ They are the guardians of the Constitution and not the guardians of the legislatures. Cont...
It's none of their business if a leader of the house in a provincial or national assembly, dissolves the concerned assembly at any time subject to the limitations contained in Article 58 or 112 as the case may be.βš–οΈπŸ€·β€β™‚οΈ
Judges should have only decided whether the notification/order of governor is constitutional or not.πŸ‘¨β€βš–οΈ
Exercising Paternalism, for Punjab Assembly, by Lahore high court is supra-constitutional.☹️
The question remains unanswered; Who will judge the judges?
Read 4 tweets
Dec 25, 2022
Sir! With due respect, I've had the privilege to read your contention but I'm unable to find myself in concurrence with your standpoint and differ on the following points.
It is false equivalence that the Election Commission is equal to the High Courts.
The High Court and Election Commission are neither equal in nature nor equal in stature. Both institutes can't be said to be equal just because both are established under provisions of the Constitution. Even the chronological order of Constitution gives priority to High Courts.
The answer to your contention lies in the expression "superior court" used by yourself. The expression "superior courts" or "higher judiciary" is synonymous with the "Supreme Court and High Courts altogether".
Read 9 tweets

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