Judicial authority vests with Constitutional courts: CII

ISLAMABAD: In what seems to be a challenge to the self styled Qazi courts established in the troubled area of Swat by a group of religious people, the Council of Islamic Ideology (CII) on Wednesday emphasized that judicial authority vests only with the courts constituted under the Constitution.

'Any act of holding courts, passing judgments and carrying out execution in any manner other than provided for in the constitution is violation of the constitution,' the council, which advises the government to bring a particular law in conformity with the Quran and Sunnah, said.

Expressing concern over the ongoing debate over the airing of an amateur video by television channels showing alleged judicial flogging of a teenage girl in public in Swat that attracted a worldwide outcry, the CII deplored the incident.

Already an eight-member larger bench of the Supreme Court is inquiring into the public flogging on a suo motu and has sought a fortnightly progress report into the incident.

In an official announcement, the council said it intends to organize an international conference to examine the issues relating to the enforcement of Shari’a and also plans to discuss the event in depth in its forthcoming meeting.

The council also urged the media as well as authorities to safeguard the sanctity of Shari’a and the constitution.

'Irrespective of whether this incident took place before or after the Swat agreement, the ongoing debate has given rise to many fundamental questions that has damaged the credibility of the enforcement of Shari’a', the council believed, fearing attempts to use the event for political gains would be detrimental both to the image of Pakistan and the Shari’a.

'The council, under these circumstances, feels obliged to observe that law making is a function of the Parliament, the procedure of which has been clearly defined in the Constitution of Pakistan,' it said.

'Untill and unless any proposed Bill whether criminal or civil has been approved by the competent authorities, it has no legal or judicial validity and only the courts constituted under the authority of the Constitution have the judicial authority,' it said.