Decisions Taken By Parliament During Challenging Times To Be Respected: Islamabad HC Rejects Plea Against Release Of Abhinandan [Read Judgment]

The High Court of Islamabad has dismissed a plea seeking to stop release of Indian Air Force pilot Wing Commander Abhinanadan Varthaman.

The Chief Justice Athar Minallah said that the announcement of his release made by the Prime Minister of Pakistan was affirmed by the Majlis-e-Shoora (Parliament) in its joint session and such decisions, particularly taken during challenging times, are inevitably required to be respected and upheld.

A Pakistani citizen, Muhammad Shoaib Razzaq filed a petition in the High Court today to stop the IAF Pilot's release contending that he has committed a crime against the country and should be put on trial there.

Barrister Shoaib Razzaq, who appeared in person contended that Abhinandan had violated the sovereignty of Pakistan by unauthorizedly entering into its territory and that it was an act of war. He submitted that the Parliament was not taken into confidence and the decision has been taken by ignoring the aspirations of the people of Pakistan.

In its order, dismissing the writ petition, the High Court Chief Justice Athar Minallah observed that the decision which was taken by the Prime Minister of Pakistan and announced on the floor of the House during the joint session of the Majlis-e-Shoora (Parliament) in this regard pertains to matters of foreign policy, defence and security of Pakistan, and such decisions are neither justiciable nor fall within the domain of a High Court for interference under Article 199 of the Constitution of Pakistan.

It is also noted that not a single Member of the National Assembly or the Senate had raised any objection when the announcement was made. The court said:

"The joint session of the Majlis-e-Shoora (Parliament) was held to deliberate upon the current tense situation at the borders. It was during the said joint session of the Majlis-eShoora (Parliament) that the announcement was made by the Prime Minister and affirmed by other Members. The petitioner's argument that the Prime Minister of Pakistan was not competent or that the Majlis-e-Shoora (Parliament) was not taken into confidence is, therefore, misconceived. The Majlis-eShoora (Parliament) represents every citizen of the Islamic Republic of Pakistan. Moreover, the patriotism of the Members of the Majlis-e-Shoora (Parliament) is beyond doubt and, therefore, apprehensions of the petitioner in this regard are misplaced and not warranted."

The bench also said that the petitioner could not satisfy the Court that his fundamental rights would be violated if the detained pilot of the Indian Air Force is handed over to the authorities of his State. It 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."

Pakistan Prime Minister Imran Khan, while addressing the joint session of Parliament on Thursday, had declared that IAF Wing Commander Abhinandan Varthaman shall be released on Friday as a "peace gesture".

Varthaman was captured on Wednesday morning after his plane was shot down in PoK in an air combat. Shortly after the unfortunate event, Khan had cautioned against any escalation on account of a "miscalculation", offering to resolve the hostilities diplomatically through talks.

Responding to this move by Pakistan Government, the Indian Air Force had said that it only sees it as an action being taken in keeping with the Geneva Convention. Read about Pakistan's obligations under Geneva Convention here.

(Story updated after publication of Judgment)

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