Justice Jawwad S Khawaja on Thursday said the constitution is supreme and parliament has no authority to legislate against it.
He gave these remarks while presiding over a three-member bench of the Supreme Court (SC) during the course of hearing of 3-G case.
He also observed, “This is case of 10.3 trillions. State is protector of fundamental rights of the citizens. USF funds can be utilized only for welfare purposes. This fund should have been spent on free health and education facilities but it is not being spent this way. Poverty and privation is every where. As to why government does not spend money therein.”
He remarked, “We will not allow this money to go into someone’s pocket. We will not allow this to happen that people go on starving to death and government keeps on spending this money on unnecessary matters.”
The court appointed Qazi Mohsin and Rafiq Rajwana as amicus curiae for legal and constitutional explanation of the point if government could utilise USF Funds or otherwise. The court has sought reply from them on this count.
The court said, “We want to decide this case ahead of auction of G-3 and G-4 on April 23.”
Petitioner Ali Raza said the government was not entitled to use USF Funds as per law and if it does so then it would have to legislate in this regard.
Ismail Shah, member PTA, told the court 3-G and 4-G auction was going to take place on April 23 which is likely to earn 10.3 trillion to the government. He requested the court to decide the case as soon as possible.
The court has sought reply from amicus curiae while adjourning the hearing of the case until April 16.