Department of Judicial Administration (JDA) yesterday stressed that the Supreme Court's verdict over the Border Control System project does not undermine the legal authority of the Anti Corruption Commission (ACC).
In a statement DJA pointed out that the Supreme Court had annulled the High Court's temporary order to halt the BCS project as the court had not followed the proper procedure before such an order can be issued.
The DJA's statement detailed that the Supreme Court had taken into consideration whether the High Court had followed the procedure to give the enforcement authority to an administrative order by one institution of the State to another and whether the temporary order issued had met the necessary conditions under which such an order can be issued.
"The High Court's order was declared null and void by the Supreme Court as the procedure and conditions mentioned previously had not been met," statement read.
The High Court issued the temporary order to halt work on the project prompted by an appeal from the ACC following a Civil Court ruling which stated that the ACC did not have the authority to order a halt on the work of the project. The Supreme Court had also previously invalidated a temporary order issued by the High Court on the pretext that the order was issued by an invalid bench of Judges.
Highlighting the factors that should be considered when issuing a temporary order the Supreme Court verdict read that no existing regulation necessitates that any government institution obey an order to halt work on a project by the ACC and that there is no law validating such an order by the ACC either and thus decreed that the High Court cannot back the order by the ACC to halt the work on a project carried out by a legitimate government institution.
DJA also pointed out that following the verdict there has been talk in relation to the matter, intended to mislead and confuse the general public.