Judicial lobbies of our neighbor country Pakistan has exposed an
igniting fact bringing in Lime light that their highest judicial
authority Supreme Court of Pakistan prefers following Supreme Court
of India regularly.
One such latest judgment of Supreme Court of Pakistan indicating
reference to Supreme Court of India was delivered on December 17
when Supreme Court of Pakistan decided the jurisdiction of High
Courts to entertain appeals against interim orders passed by
Election Tribunal. A number of petitions had been filed there,
challenging the elections of several candidates elected to
Parliament in the 2013 general elections.
The case of Javaid Hashmi, ex-party president of Tehreeke-
insaaf, during whose case Supreme Court of Pakistan ruled the
exclusion of jurisdiction of all courts in regard to election
Supreme Court of Pakistan took reference from Supreme Court of
India in this case and dismissed all the appeals, it ruled:
"The legal position that emerges from the combined reading of
the case law is that an interlocutory order passed by the Tribunal
cannot be questioned in constitutional jurisdiction until the same
is patently illegal and the same for reason cannot even be
challenged in appeal...."
The Supreme Court of Pakistan has quoted the ruling passed by
Indian Supreme Court in EC vs Shivaji (AIR 1988 SC 61) case.
Few other judgments have also come where advocates of Supreme
Court of Pakistan had followed the rulings of Supreme Court of
India. They are - Hari Vishnu Kamath Vs Ahmad Ishaque (AIR 1955 SC
233), Mohinder Singh Gill vs Chief Election Commissioner (AIR 1978
SC 851), Upadhaya Hargovind Devshker Vs Dhirendrasinh Virbhadrasinh
Solanki (AIR 1988 SC 915) and K Venkarachalam Vs A Swamickan (AIR
1999 SC 17230).
All these four judgments ensured sanctity of the democracy and
non-interference of judiciary in the matter related to election
processes, as are followed by the Indian judiciary.
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Singhania & Partners LLP, Solicitors and Advocates
Under the Arbitration and Conciliation (Amendment) Act, 2015. There are two avenues available for the enforcement of foreign awards in India, viz., the New York Convention and the Geneva Convention, as the case may be.
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