- The government is playing a losing game with the judiciary
No one likes to be made answerable for his or her actions. Be it answerable to an elder, parents, employers or anybody else, the concept of being kept in check irks most. Exercising the choice of freedom without having to account for any actions is the ideal lifestyle that most would prefer. Naturally, the independence one enjoys is vital for healthy functioning. Yet, if against one’s wishes, we are made to answer for our actions, then we tend to act out in different ways.
The same goes for state institutions when it comes to regulating their functions. The democratic setting of our country allows the judicial branch to keep an eye out on the executive and to see if the latter is confining itself within the domain prescribed by law or otherwise. This power of judicial review codifies the beauty of democracy whereby state institutions can be held accountable for any wrongdoings not permissible by the law. Even though the concept of judicial review emanates out of the Constitution itself, the executive branch regardless does not condone such practice. The government is mostly not ready to be taken to task by the courts and always looks for ways through which the same can be avoided.
Maligning the judiciary is not going to overshadow its own shortcomings. In fact it would invite a more in-depth review of its actions, to which the government would be unable to respond. It is imperative that the PTI government abandons the practice of going after judges in its own interest, and above all, the nation’s interests
Critics of judicial review claim that the judiciary has overstepped a lot and has interfered in the executive domain without good cause many times. While this statement may be true for some individual ‘captains of the judicial ship’, yet, it is not sufficient enough to do away with judicial review altogether. Government officials are not even ready to sanction pensions of retired civil servants until and unless contempt notices have been issued by a court of law. Under these circumstances, judicial review is essential, provided it is regulated and itself does not transgresses the Constitution.
The incumbent government has had a relaxed past year in so far as the judicial interference by the Supreme Court is concerned. Former Chief Justice Khosa allowed the executive to act in any manner they saw fit and did not exercise constitutional powers to create impediments of any sort. With the sole exception of questioning the legality of the Army chief’s extension, the Khosa days were mostly relaxed and less turbulent for the government.
Being used to the Khosa court, the incumbent government seems to have made itself comfortable in a position where it isn’t required to answer for its deeds to any other branch. Well, perhaps, with the exception of one. Nevertheless, until recently, the government wasn’t used to answering to the judiciary and being reprimanded by the latter for poor performance. However, the past week witnessed the Railways Minister being admonished by the Chief Justice of Pakistan, Mr Justice Gulzar Ahmed, owing to his terrible performance. The CJP went on to express his displeasure over the Tezgam incident and inquired from the Minister why he didn’t resign, being the top man in the department. Following the Railways Minister, another member of the Prime Minister’s Cabinet was also summoned by the CJP to answer for a CPEC project.
It appears that the recent foray into executive actions has irked the ruling party and it seems to be acting out when being made answerable. A couple of days ago, a letter did rounds on the social media and stirred controversy pertaining to the Chief Justice. The leaked letter reveals instructions being given to the district police chiefs concerning the safety and security of the CJP during his visits outside Islamabad. The letter portrays as though such security measures had been demanded by the CJP personally and requires all district police chiefs to escort him personally throughout his trip outside Islamabad. The leaking of the letter is a failed attempt to portray the CJP in a negative light and evidently appears to be a move with a motive; the actual one being unknown.
The movement of the CJP and foolproof security arrangements during such exercise are a routine matter and the standard operating procedures, already in field, are followed. No extra-ordinary instructions find mention in the letter which talks about a practice already employed. The sole reason for leaking it seems to be an attempt to undermine and malign the judiciary. The more important reason to observe the confidentiality of such letters is the sensitivity attached to them. The security measures for top officials, including the CJP, are kept confidential so as to keep the security arrangements ‘foolproof’. Evidently, it seems, that the executive has made an attempt to portray the CJP in negative light and put him in a defensive position for something that is already a routine matter, irrespective of who the CJP is.
The move made the Supreme Court write a letter clarifying its position. Probably that is what those behind the leak wanted. Such actions are disgraceful and need to be done away with. Even the previous governments have made similar attempts to make a particular judge controversial and defame the judiciary altogether. All for the sole reason of not being made to answer for their executive actions.
This isn’t the first time the incumbent government has targeted the judiciary. When CJP Khosa took up the army extension matter, an entire campaign was run against him, a fact which was acknowledged by Mr Justice Khosa himself later on. The Bench was even labelled as traitors and Indian agents through a measured and calculated campaign on social and electronic media. Further back on, the Qazi Faeez Isa reference is another feather in the government’s cap. Going after the superior judiciary in such a manner is not only detrimental to the judiciary as an institution but, more importantly, damages the reputation of Pakistan in general.
Maligning the judiciary is not going to overshadow its own shortcomings. In fact it would invite a more in-depth review of its actions, to which the government would be unable to respond. It is imperative that the PTI government abandons the practice of going after judges in its own interest, and above all, the nation’s interests.
