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Old Friday, July 13, 2012
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Wali Ahad Wali Ahad is offline
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Default excerpts from Justice Markandey Katju's articles

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if the judiciary does not maintain restraint and crosses its limits, there will be a reaction which may do great damage to the judiciary, its independence, and its respect in society.

As observed by Justice AS Anand, former chief justice of India: “Courts have to function within the established parameters and Constitutional bounds. With a view to see that judicial activism does not become judicial adventurism, the courts must act with caution and proper restraint. They must remember that judicial activism is not an unguided missile. Failure to bear this in mind would lead to chaos. Public adulation must not sway the judges. They must remember that they cannot run the government
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In all countries having a parliamentary system of government, the prime minister holds office as long he has the confidence of parliament, not the confidence of the Supreme Court.
I regret to say that for quite some time, the Pakistan Supreme Court seems to be playing to the galleries and not exercising the self-restraint expected of superior courts.

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It seems to me that the Pakistani Supreme Court has lost its balance and gone berserk. If it does not now come to its senses I am afraid the day is not far off when the Constitution will collapse, and the blame will squarely lie with the court, and particularly its Chief Justice.


Justice Markandey Katjujudge is a former Judge of Supreme Court of India (from 2006 to 2011),,He is currently Chairman, Press Council of India
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