Pak Court rejects a petition to stay handing over of Abhinandan to India

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A Pakistani High Court on Friday rejected a writ petition seeking to prevent the Wing Commander Abhinandan being handed over to India.

An advocate Shoaib Razzaq has filed the petition (W.P. No.786/2019) and appeared in person and argued at length. The court observed that “It is his case that the Prime Minister of Pakistan was not competent to take a decision regarding the release of the pilot of the Indian Air Force, namely, Wing Commander V Abhinandan who was detained after his aircraft was shot down. He has argued that the latter had violated the sovereignty of Pakistan by
unauthorizedly entering into its territory and that it was an act of war; the Parliament was not taken into confidence; the decision has been taken by ignoring the aspirations of the people of Pakistan; the detained pilot of the Indian Air Force is liable to be proceeded against and court-martialed in Pakistan.

However, the court in its judgement said: The decisions which are taken by the Majlis-eShoora (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. In the instant case, the announcement made by the Prime Minister of Pakistan was affirmed by the Majlis-e-Shoora (Parliament) in its joint session. Moreover, the decision pertains to policy matters in the context of foreign policy, defence and security of
Pakistan and thus outside the realm of judicial review.

Hence, whatever has been discussed above, the instant petition is not justiciable under Article 199 of the Constitution and is, therefore, accordingly dismissed in Limine, said the Cheif Justice.

Here is the full text of the judgement:

Wing Commander V. Abhinandan 01.03.2019 W.P No