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Monday, July 29, 2013
SC in ‘crisis of perception’ after presidential poll decisionBy Hasnaat Malik
ISLAMABAD: The Supreme Court (SC) is facing the battle of perception after its direction to the Election Commission of Pakistan (ECP) to hold the election on July 30 instead of August 6.
Major political parties, including the Pakistan People’s Party, Awami National Party (ANP) and Pakistan Muslim League-Quaid (PML-Q), have strongly objected to the Supreme Court’s July 24 decision regarding the revision of presidential election schedule on the request of Pakistan Muslim League-Nawaz (PML-N) Chairman Raja Zafarul Haq and they are boycotting the presidential election due to this decision of the court.
It’s going to be a big challenge for the Supreme Court how it alters the perception that the superior courts have a soft corner for the PML-N. The PPP leaders have already lost trust in the superior judiciary for getting justice in any matter and they are also questioning why the court does not take suo motu notice regarding the alleged Rs 15 billion Nandipur power project scandal as it had done during their government’s period.
After the issuance of the NRO in December 2009, confrontation between the PPP-led government and the Supreme Court had started, which is still going on. It is worth mentioning that now the senior PPP leaders, Chaudhry Aitzaz Ahsan and Raza Rabbani, who never criticised the superior judiciary in the last four years, are also showing mistrust over the Supreme Court. In the past, the Supreme Court initiated contempt proceedings against two PPP prime ministers in NRO case. Both the PPP premiers had appeared in the apex court six times in 2012, as Yousaf Raza Gilani was ousted by the court’s order. The court also issued contempt notices to other PPP leaders, like Babar Awan, Rehman Malik, Taj Haider and Sharjeel Memon on different matters.
It was expected that the Supreme Court’ s opinion in Zulfikar Ali Bhutto (ZAB) reference would decrease tension between two organs of the state, but the matter is still sub judice for last two years. Legal experts have urged Chief Justice of Pakistan Iftikhar Muhammad Chaudhry to decide Zulfiqar Ali Bhutto reference case before his retirement. Pakistan Bar Council Vice Chairman Qalb-e-Hassan, while talking to Daily Times, also said that the Supreme Court should take the matter about the implementation of its judgement in Asghar Khan case for eradicating the perception that superior courts have a soft corner for one political party.
The PBC vice chairman also questioned if the Supreme Court has initiated proceedings regarding the implementation of its judgements related to the NRO, rental power projects, and former OGRA chairman’s appointment ,etc, then why is it reluctant to take up the case about the compliance regarding the court’s July 24 decision. He observed that the Supreme Court should not have intervened in the ECP domain and let the commission settle the matter. “It’s like dictating the ECP in the open court,” PBC vice chairman added.
Likewise, Pakistan Tehreek-e-Insaf (PTI) Chairman Imran Khan is also expressing his disappointment over the role of judiciary in general elections as well as the court’s decision to revise the presidential election. The PTI wants the Supreme Court to take up its petition against alleged rigging in the recent elections soon. It has also been noticed that after restoration of judiciary, whenever PML-N leaders approached the superior courts in any matter in the last four years, they got relief.
After resuming the charge on March 24, 2009, the restored judiciary headed by CJP Iftikhar Muhammad Chaudhry had decided to take up appeal against the disqualification of PML-N leader Nawaz Sharif and Shahbaz Sharif. On March 31, 2009, the Supreme Court stayed its February 25 order and restored Shahbaz Sharif as chief minister of Punjab. On May 26, 2009, it also declared both Nawaz Sharif and Shahbaz Sharif as qualified to contest elections. In NRO case, PML-N leader Shahbaz Sharif had also moved a petition for striking down this controversial law.
On January 18, 2012, the court upheld a verdict of the Lahore High Court and directed the National Accountability Bureau (NAB) to release assets of the Sharif brothers. A three-member bench, headed by CJP himself rejecting the Lahore High Court’s appeal had said that keeping the assets in custody was an unlawful and unconstitutional act. Earlier, the LHC on October 4, 2011 asked the NAB to return to the Sharif family shares certificates worth Rs 100 million, prize bonds of Rs 115 million, documents pertaining to land in Murree, Chaudhry Sugar Mills, Hudabiya Engineering Services, Hamza Shipping Corporation and Ramzan Sugar Mills.
Meanwhile, the Supreme Court had accepted Shahid Orakzai’s petition for regular hearing against the qualification of Shahbaz Sharif Punjab chief minister. The petitioner had contended that Shahbaz Sharif had vacated the PP-10 seat and resigned from PP-48 seat after becoming the chief executive of the province. “Without any seat in the assembly, he cannot hold the office,” he added.
It is worth mentioning that the Sharif eligibility case could not be decided by the apex court during his five-year tenure. In November 2011, the Supreme Court had also admitted the petitions of PML-N chief Nawaz Sharif, Senator Muhammad Ishaq Dar, PML-N presidents of all provinces, Azad Jammu and Kashmir and Gilgit-Baltistan for probing the memo scandal. Nawaz Sharif himself appeared before the court on December 1, 2011 in the same case and on his first appearance, the court had given him relief by forming a commission to probe alleged memo.
Likewise, PML-N senior leader and former leader of the opposition in National Assembly Chaudhry Nisar Ali Khan had also approached the Supreme Court against the appointments of two NAB chairmen. The court has sacked Justice (r) Deedar Hussain Shah and Admiral (r) Fasih Bukhari from the post of chairman NAB. The court also entertained the petition filed by PML-N leader Marvi Memon against the alleged irregularities in PIA.
Another PML-N leader, Khawaja Muhammad Asif, appeared before the apex court as a petitioner in several cases, including rental power projects (RPPs) and illegal allocation of LPG quota. He also challenged the caretaker government’s appointments, transfers/postings and shuffling of high officers. On the first day regarding his petition, the Supreme Court suspended all appointments and transfers of high officials by the caretaker government and stopped it from any further action in this regard during its remaining tenure.
On the other hand, the PML-N’s government has also faced its embarrassment regarding the court’s proceedings related to the matters about the imposition of GST tariff without approval of parliament as well as appointment of Shujaat Azeem as PM’s adviser on aviation.
Courtesy www.dailytimes.com.pk