Justice Mandokhail raises question about Supreme Court's powers
Pakistan
Justice Mandokhail asked him how Article 187 applies to this case
ISLAMABAD (Dunya News) – Justice Jamal Khan Mandokhail of the Supreme Court raised the question of powers of the apex court while hearing appeal against the award of reserved seats to the PTI on Friday. The judge said: "Does the Supreme Court have unlimited powers? There should be some limits!"
Headed by Justice Amin-ud-Din Khan, the Supreme Court's 11-member constitutional bench continued hearing the review case against allocating reserved seats to PTI. Advocate Salman Akram Raja, representing Kanwal Shauzab, resumed his arguments.
Advocate Raja argued that it is the Supreme Court’s constitutional duty to protect fundamental rights of the citizens, a responsibility directly entrusted by the Constitution.
Justice Mandokhail asked him how Article 187 applies to this case. Advocate Raja responded that he would explain it in detail later, but emphasized that the Supreme Court has broad authority. The Court can exercise Articles 187 and 184 together to ensure justice.
He questioned whether Article 184(3) is applicable in the matters of public interest. Raja replied in the affirmative, adding that the Supreme Court can use the provision for public interest and the protection of fundamental rights. When a crisis arises, the court doesn’t limit itself to a particular article — it must intervene where necessary.
Justice Mandokhail asked the lawyer if there’s no specific article addressing the question, should the Supreme Court still act?” Raja replied that the court must do whatever is necessary.
Justice Muhammad Ali Mazhar remarked that Articles 199 and 187 cannot be interpreted together. He noted that the high courts have greater powers under Article 199 than even the Supreme Court in some contexts.
Justice Salahuddin Panhwar questioned what, in the counsel’s view, are the limits of the Supreme Court’s powers. Justice Mandokhail remarked that his colleague suggests there should be some limits to authority — does the Supreme Court have unlimited powers in every case? Was there any constitutional or legal violation in the majority judgment regarding reserved seats?”
Raja replied, “There was no overreach in the Supreme Court’s decision.”
Justice Mandokhail also remarked that the Constitution itself gives individuals the right to join political parties within three days.
Later, the court adjourned the hearing until Monday at 9:30 am.
