News
Monday, June 03, 2013
Superior judiciary faces battle of perceptionsBy Hasnaat Malik
ISLAMABAD: As the Pakistan Muslim League-Nawaz (PML-N) is taking charge of the government this week, there are chances that confrontation may arise between superior judiciary and PML-N on any matter as it was done in previous regime.
PML-N chief Mian Muhammad Nawaz Sharif has played a pivotal role in lawyers movement and due to his participation in the long march, former PPP led government was compelled to restore judges including Chief Justice of Pakistan Iftikhar Muhammad Chaudhry in March 2009.
It has also been noticed that after restoration of judiciary, whenever PML-N leaders approached the superior courts in any matter, they got relief but PPP leaders faced tough time by the courts in last four years.
On the other hand, senior lawyers say that the PML-N may face the biggest challenge in dealing with the incumbent independent judiciary regarding the implementation of its judgments in several matters like Asghar Khan case and Musharraf treason case.
They also say that it is interesting to see whether PML-N will work for the supremacy of parliament by compelling the SC registrar to appear before Public Account Committee (PAC) because SC has refused to send it registrar before PAC.
“If the SC also asks the PML-N government to take action against PPP leaders, who are allegedly involved in corruption cases then what will be the response of the newly elected government in this regard?” questioned a senior lawyer.
On the other hand, Pakistan Bar Council vice chairman Syed Qulb-i-Hassan while talking to Daily Times said there are less chances of a clash between the new government and the superior judiciary.
He, however, said that it is also a testing time for the incumbent judiciary on how it would alter the perception that the superior courts have a soft corner for the PML-N as compared to the PPP.
He also states that role of media and superior bars will be essential to monitor the relationship between executive and judiciary in future because media persons and lawyers are witnessing the courts proceedings since March 2009 and they may easily monitor the performance of judiciary in future.
Another PBC executive member Ramzan Chaudhry said that judiciary should adopt a consistent policy and if the courts show leniency towards the new government then this would embolden PPP’s allegation that the judiciary was biased.
During the hearing of PML-N leader Khawaja Muhammad Asif’s petition against transfers and postings of high officers by caretaker government, the chief justice on May 22 warned the incoming PML-N government that the court would not allow any favouritism on governance issues, noting that good governance comes by maintaining merit and transparency. He said that upcoming government would have to work in a transparent manner and there should not be any personal liking and disliking on governance issues. The chief justice also made it clear that the court would interfere in any matter in which merit and transparency are violated.
He also said that such practices had been a cause of contentions with the previous regime for the last five years; therefore the upcoming government should be careful by discouraging the practice of appointing cronies, favourites and relatives.
It is to be noted that after resuming the charge on March 24, 2009, the restored judiciary headed by Chief Justice of Pakistan 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, a five member bench, headed by Justice Tassaduq Hussain Jilani stayed its February 25 order and restored Shahbaz Sharif as Chief Minister of Punjab. A five-member bench of the apex court, headed by Justice Tassaduq Hussain Jilani on May 26, 2009 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 Supreme 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 Rs100 million, prize bonds of Rs115 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 as CM Punjab. 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 years tenure.
In November 2011, the SC 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 memo.
Nawaz Sharif himself appeared before the court on December 1, 2011 in 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 SC against the two appointments of two NAB chairmen. The court has sacked Justice (retired) Deedar Hussain Shah and Admiral retired Fasih Bukhari from the post of chairman NAB.
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 has also challenged the caretaker government’s appointments, transfers/postings and shuffling of high officers. Hearing his petition regarding this issue, the SC suspended all appointments, transfers/postings and shuffling of high officials by the caretaker government and stopped it from any further action in this regard during its remaining tenure.
Last week, PML-N Secretary Information Mushahid ullah had said that his party would seriously consider the service extension of CJP Iftikhar Muhammad Chaudhry after his retirement.
Courtesy www.dailytimes.com.pk