Jurisdiction – Chaotic Usurpation
Jurisdiction: It is an established universal rule of jurisprudence that any act done outside the jurisdiction is a nullity, incapable of creating any legal right or liability.O
Outside of the Court cases, my first experience of such an act came about when I took over as Acting Wafaqi Mohtasib (Ombudsman). A Federal Minister of Evacuee Property had leased out a residential evacuee property to one of his subordinates for ninety-nine years. He had powers to lease out such properties for a maximum of twenty years. My predecessor held that it was a legal lease and the Government was bound by it. A review petition was filed. From the day I took over as WM I found that my senior associates in the office, one or the other, would daily wanted to ascertain how I am going to decide that case. Seeing so much interest I delayed its disposal only to ascertain how far the roots go. Even in a briefing session to the bureaucrats, I was asked the same question. Finally, I decided the matter, holding that the lease was null and void from the beginning. A man not initiated in law would have said you could have saved it for twenty years. Another knowing law would have said that I had no authority under any law to rewrite a contract, terms drawn from the ashes of a contract declared null and void. So is the fate of an adjudicator.
Many Explanations
Explanation 1: Inger show, global may be, some of the judgments now I found written: “this is not our duty but we are doing it because others whose duty it is are not doing it.” The destination of such a theory is an invitation to other authorities to come and take over, the perceived incapacity of others being the only test. Shocking, coming from a court.
Explanation 2: Taking up a far bigger issue, national or global- almost everything in sight, petty or grave. One of my close friends of distress, a superintendent of Police, told me, when I was hundred percent in the executive, no prospect of ever coming in the judiciary, that he had got arrested my Sessions Judge and kept him for the night in the police lock up. I asked him why he had done so. He said that during evening walk he used to enter any house and enquire into all sorts of matter including what they had cooked. Then I asked him did you get permission from the Deputy Commissioner he said he had informed him.
Explanation 3: Exhibition and proof of what they consider their outstanding leadership qualities. A minister in the Government made the statement that he had been sending freedom fighters in occupied Kashmir. Indian Press published it and claimed that Pakistan should be declared a terrorist state. At that time full Supreme Court was hearing an important constitutional case, the Attorney General mad a request for In camera hearing in Chambers which was granted. At the hearing what happened, I am not recording for reasons of my own. Those who want to know should read for a very correct account of it in S. M. Zafar’s book in Urdu “Mere Mashhoor Maqaddeme” (“My famous court cases”)/
Explantion 4: The superior most court of the country has come to believe that the empowerment to do complete justice entitles it to jump with ease every barrier of jurisdiction, Constitutional or self-imposed, of propriety or decency.
Explanation 5: A most devastating and nihilistic theory of governance is taking roots in the country and appears to be flourishing. The codified origin of this theory is to be found in Gen.Pervaiz Musharraf’s memoirs “In the line of fire” page 152
“I felt that matter otherwise unconstitutional might become lawful by becoming indispensable to the preservation of the constitution through the preservation of the nation. I assumed this part and now avow it”
Now everyone in the country who wants to avoid, constitutional limits, law etc has to proclaim that he has come out to serve the nation and thereby save and serve everyone.
Remedy: There is no shortcut remedy to correct such a degree of misconception of values. The answer lies in
- Framing rules of procedure by Supreme Court to limit and define its Jurisdictional outreach.
- To make copies of the Constitution available to all institutions.
- To facilitate understanding of the Constitution
- To limit the role of media in prejudging the court proceedings and suggesting their own solutions.
Experiences of a Lifetime 