India: Pakistan’s Supreme Court Looks Up To Indian Supreme Court For Guidance

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 matters.

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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