It has been customary on the part of the government to take unlawful actions on the pretext that these were required by compunctions of national security. It is now being claimed that the Supreme Court’s detailed judgment on former NJayonal Assembly Deputy Speaker Qasim Suri’s ruling has propounded a ‘new concept’ that would put an end to illegal actions of the sort. The judgment says “It is clear that the bona fides of the PTI government’s defence of national security must be substantiated by evidence to justify the April 3 Deputy Speaker Qasim Suri’s ruling”. According to the verdict any defence or immunity claimed by the government on a policy or decision on the grounds of national security cannot escape judicial review unless substantiated with evidence. It is noted in the ruling that “the restraint exercised by the courts in matters of national security should not be absolute”.
Hailing the judgment some of the prominent lawyers have held that henceforth no excuse or justification can be claimed by the government on any policy of sensitive nature if it involves rights of the citizens or is considered to be unconstitutional unless the government comes out with solid reasons to justify its defence. It has been claimed that while the High Courts over the last few years had decided a number of cases in line with the intent of the recent Supreme Court judgement, it was for the first time the issue was settled in an elaborate manner in what is being dubbed as the “doctrine of limited judicial review in terms of the national security.”
Hopefully the judgment would strengthen those judges of the High Courts who try to safeguard citizens’ right of peaceful dissent against those who try to suppress them on the pretext of defending national security. There is a tendency in district administrations to over-react, considering critics of the government to be working on secret agendas dictated by foreign agencies. Only a couple of years back the Islamabad police booked a number of highly educated protesters under sedition and terrorism charges for raising slogans and violating Section 144. A similar view is taken of journalists who tread on sensitive toes. It will take time and a lot of effort before mindsets created during dictatorial regimes are changed.
