Supreme Court of Pakistan senior most judge Justice Mansoor Ali Shah has said that Article 142 empowers Parliament and Provincial Assemblies to legislate, moreover, parliament can also enact legislation with retroactive effect, reported 24NewsHD TV channel.
While hearing a tax case, Justice Mansoor Ali Shah wrote 41 pages judgment. Justice Mansoor said that the legislative power of the parliament is subject to the limits given in the Constitution while the retrospective application of laws is also subject to the Constitution.
He wrote that the constitution prohibits parliament from abrogating the rights given in Articles 9 and 28. According to Article 12, laws cannot be applied retroactively in criminal cases. The SC said only on the criminal matter of subversion, legislation could be retroactive, adding that parliament and provincial assemblies do not have the authority to apply civil rights from the past.
Justice Mansoor said the rights of parties may be affected by retroactive application of law as citizens know the existing laws according to which they conduct their affairs. If a law is made in the future, how can it be applied to past actions?.
He said that courts have to understand that even cases which have become final due to past application of laws can be reopened, if two interpretations of a law are possible, the one that protects the rights of the people should be decided.
Justice Mansoor said the greater the injustice, the more clear should be the role of the legislature. The Supreme Court said the court has held in the past that amending a law or repealing a law is the same, any amendment is in one way or another the repeal of a law or a provision.
Retrospective application is possible only of those laws which do not extinguish rights already granted. SC annulled the decision of the Sindh High Court and partially accepted the appeals of the private companies in tax case.
Reporter: Hashir Ahsan