The Islamabad High Court Friday turned down a petition challenging the release of captured pilot of Indian Air Force (IAF) after his jet was shot down by Pakistan Air Force (PAF). A singe bench of IHC comprising Chief Justice Athar Minallah heard the petition moved by Shoaib Razzaq Advocate in person and dismissed the same in limine.
In his petition, Shoaib adopted that Prime Minister Imran Khan was not competent to take a decision regarding release of IAF pilot namely Wing Commander Abhinandan who was detained after his aircraft was shot down.
He argued that the pilot had violated the sovereignty of Pakistan by entering into its territory and that it was an act of war. He added that the Parliament was not taken into confidence, the decision was taken by ignoring the aspirations of the people of Pakistan and the detained pilot of IAF was liable to be proceeded against and court-martial in Pakistan.
The IHC bench noted in its verdict that the counsel was asked on what basis he asserts that the Parliament was not taken into confidence because the announcement was made by the PM Imran Khan on the floor of the House during a joint session of the Parliament.
The judgement said it is an admitted fact that the prime minister had announced the release of detained pilot on the floor of the House and it is also not denied that not a single member of the National Assembly or the Senate had raised any objection when the announcement was made.
"The petitioner's argument that the PM was not competent or that the Majlis-e-Shoora (Parliament) was not taken into confidence is, therefore, misconceived. The Majlis-e-Shoora represents every citizen of the Islamic Republic of Pakistan. Moreover, the patriotism of the members of the Majlis-e-Shoora (Parliament) is beyond doubt and therefore, apprehensions of the petitioner in this regard are misplaced and not warranted," said the IHC verdict.
The court maintained, "The decisions which are taken by the Majlis-e-Shoora (Parliament), particularly during challenging times, are inevitably required to be respected and upheld. Even otherwise, Majlis-e-Shoora (Parliament) is competent to affirm policies of the government and after such affirmation, they cannot be subjected to judicial review. It is the Majlis-e-Shoora (Parliament) alone which represents the will of the people of Pakistan and the other organs of the state are expected to respect and bow to its decisions."
Moreover, the IHC bench stated, "The decision pertains to policy matters in the context of foreign policy, defence and security of Pakistan and thus it is outside the realm of judicial review."
The court held that the instant petition is not justiciable under Article 199 of the Constitution; therefore, it is dismissed.