Judiciary-executive row heightened in 2010 - Pakistan Today

Judiciary-executive row heightened in 2010

ISLAMABAD – A row between the top judiciary and the executive continued throughout the year 2010, but the latter continued exercising judicialism as well as judicial restraint while the executive did not implement even a single verdict in letter and spirit in high-profile constitutional cases. Although the superior judiciary emerged as an independent organ of the state after the incumbent government came into power in the 2008 general elections, its decisions irked the executive after its restoration on March 24, 2009.
Despite repeated orders of the Supreme Court, the government has so far been failed to implement its) December 16, 2009, verdict in letter and spirit which declared the National Reconciliation Ordinance (NRO) as illegal. The court’s orders that the plundered national money be brought back from Swiss accounts have not been implemented yet. The government filed a review petition against the verdict, contending the Swiss cases could not be reopened as it would be contrary to the international laws. The court, however, admitted the petition for regular hearing and it is pending for adjudication.
After continuous orders of the court, the government appointed Justice (retd) Deedar Hussain Shah as the NAB chairman, but without mandatory consultation with the chief justice of Pakistan. Besides, the court’s orders for the appointment of the NAB prosecutor general are still awaiting implementation by the executive.
In October this year, the government allegedly thought of withdrawing the executive order which had restored the deposed judges of the superior courts. Consequently, the court on October 18, 2010, restrained the government from withdrawing the notification of the judges’ restoration. On April 28, the court declared as void the promotions of 54 bureaucrats to grade-22 on the ground that the prime minister had promoted them ignoring merit.
In February, the government- judiciary tussle aggravated further when President Zardari appointed Khawaja Sharif as a Supreme Court judge, replacing him with Justice Saqib Nisar. CJP Iftikhar Chaudhry took suo motu action of the notification, formed a three-member bench to hear the case and suspended the notification forthwith.
On February 16, Gilani met the CJP at a farewell dinner hosted in honour of Justice Khalilur Rehman Ramday. The very next day the prime minister and the CJP met again and soon after their meeting, Gilani announced the cancellation of the earlier notification. Khalilur Rehman Ramday was appointed as an ad-hoc judge and LHC Chief Justice Khawaja Sharif was asked to continue in his current position as the LHC CJ.
Hearing pleas against the 18th Amendment, the court held that its certain provisions would come into effect forthwith. This decision of the court was highly appreciated by parliamentarians, lawyers, analysts and the masses calling it acceptance of the parliament’s supremacy. According to legal experts, despite the government’s defiance to implement its verdicts, the court showed patience and judicial restraint. They, however, said delay in implementing its verdicts was not a good omen for the country.
The court took thousands of suo motu notices on human rights’ violations. It also took notices of various illegal and unconstitutional steps of the government, including alleged corruption in the contract of rental power projects, unjustified increase in POL prices and power tariff.

Related posts