Mukhtar Ahmed Butt
Question arises if decisions of the Supreme Court are not to be implemented why approach it? Why political matters are not discussed debated and settled in the house. The only authority to interpret law is neither the law minister nor the attorney general, it is the Supreme Court of Pakistan only therefore their decision is binding on all parties whether somebody likes it or not.Present constitutional package(amendments) are primarily to increase executive ingress in to judicial appointments and an effort to change the entire structure of the apex court. Over the past few years there has been a great onslaught on higher judiciary by ruling elite to make it subservient to executive where clear lines have been drawn between executive and judiciary as enshrined in the constitution. Our judiciary has remained extra kind and soft while dealing politicians and their cases except where some major corruption cases were dealt seriously irrespective of reputed leaders and party heads. This resulted in very aggressive criticism against the judiciary and they kept tolerating it. The situation became alarming when former Chief Justice of Pakistan Nasim Hassan Shah acknowledged that Shaheed Zulfikar Ali Bhutto’s case was decided under pressure and he was party to that pressure which has now been declared as judicial murder by apex court bench.Dr Nasim Hassan shah instead taking stand and become all time hero choose the wrong path as a result nation lost a great statesman of Pakistan, that’s why he is not dead but still alive.
Supreme Court is the last hope of 250 million people of Pakistan which is again under pressure from different directions, but they are now a changed reality due to some of their bold decisions. So far no political party has shown grace in accepting Supreme Court decisions announced against them and honorable judges are criticized unnecessarily. Our Supreme Court and judges no doubt has remained soft on uncalled for criticism and personal attacks on them by various leaders of political parties and took no action againstthem. Their magnanimity was taken as weakness that ultimately resulted in inflicting damage to their institution. In fact, it is their softness that we find highly objectionable statements against judges of superior courts. There is always a red line that must not be crossed by anybody under any circumstances but PML N leaders over the years continue their aggressiveness against judiciary. They were the first one to attack Supreme Court forcing former late CJ Sajjad Ali Shah to leave chamber to save his life, but no one was punished in spite of CCTV footage showing clearly the faces of attackers. Likewise, videos of PML N leaders are still available on you tube talking foul against judiciary. It is time ruling elite should reexamine its attitude towards judiciary before it is too late.Defense minister has remained very vocal against judiciary and the armed forces. It was the same judiciary that restored the government of Nawaz Sharif in the year 1993 and therefore all was good. His speeches cannot be forgotten being part of history, he never realized it is the sacrifices of our armed forces that he sleeps peacefully including rest of the people of Pakistan.
15 September 2024 shall always be remembered as dark day when defense minister Khawaja Asif tweeted now X said “It seems that one more clause will have to be included in the constitutional amendments. The judiciary should under the Doctrine of Necessity register itself with the Election Commission of Pakistan under the political party’s act. Unfortunately, this statement is most damaging and uncalled for and on the face of it is a fit case of sou motto by SC as it tantamount to undermining the authority of the Supreme Court. Come what may any decision which is against government is never acceptable to them. The present legislation is an attempt to undermine the decision of SC in accepting constitutional petition of PTI against ECP, and curtail powers of superior judiciary and it has nothing to do with the welfare of 250 million people of Pakistan. Any amendment or any new legislation carried out to suit individual convenience and to undermine decision of SC cannot be justified. But now through ordinance judiciary has been tamed. Our dilemma is we don’t learn any lessons from past history and believe in action re play with greater degree of imposing and strengthening personal interests instead looking at broader perspective. In the words Louis Farrakhan “There really can be no peace without justice. There can be no justice without truth. And there can be no truth unless someone rises up to tell you the truth.” In words of A. Philip Randolph Justice is never given; it is exacted and the struggle must be continuous for freedom is never a final fact, but a continuing evolving process to higher and higher levels of human, social, economic, political, and religious relationships. While ending the article a good news has appeared in the press that “Supreme Court has ruled that national or provincial assemblies cannot make prospective or retrospective laws that are against fundamental rights guaranteed in the Constitution”. It will be in the interest of the nation that fundamental rights list is also circulated as what is given in the constitution is being violated
The writer is freelance journalist and defenseanalyst
