News
Wednesday, March 27, 2013
Superior judiciary emerges as most powerful insitituion (Part 1)By Hasnaat Malik
ISLAMABAD: After completing four years of its new lease of life after it was sacked by former president General (r) Pervez Musharraf, the superior judiciary, headed by Chief Justice of Pakistan Iftikhar Muhammad Chaudhry, has emerged as the most powerful institution of the country after delivering judgements in high profile cases against other organs of state.
The apex court, headed by the chief justice, has given decisions against its own judges, top government functionaries, parliamentarians, armed forces, Election Commission of Pakistan (ECP), several chiefs of two investigation agencies (NAB and FIA) and media persons since March 2009. Confrontation between the PPP-led government and the judiciary has remained a dominant factor since different issues like the National Reconciliation Ordinance (NRO), appointment of judges and memogate, the court’s hearings to implement its judgements in high profile corruption cases, etc.
Due to the Supreme Court’s proceedings in these matters, several PPP leaders faced tough time in the superior courts. Proceedings in the alleged graft cases against PPP parliamentarians may have profound impact on the upcoming elections’ result. When the CJP started afresh after the reinstatement, the legal experts had observed there would be real challenges for the judiciary, like appointment of judges after the imposition of emergency of November 3, 2007, and the judgement given by a seven-member apex court bench on the issue of the PCO. But Musharraf’s actions had been validated by a 13-member Supreme Court bench led by Justice (r) Abdul Hameed Dogar in November 2007.
There were three kinds of judges when Justice Chaudhry resumed his work. However, he resolved the issue very smartly by sending a summary to the president pertaining to the restoration of those judges who had been administered oath by Justice Dogar, but they were not the PCO judges. The CJP resolved all these matters rationally. It has also been witnessed that since his reinstatement, the CJP did not get annual vacations for four years. He works late into the night; therefore, everyone is appreciating his stamina. Similarly, strict discipline is being followed by all the Supreme Court staff since March 2009, and one apex court 17-grade officer has been asked for forced retirement on corruption charges last year.
Likewise, Supreme Court Human Rights cell is performing well to address the grievances of poor people and it has been reported that more than 400 complains are being registered in the apex court’s HR cell every day and thousands of poor litigants have got relief by sending simple an application to the HR cell. Lawyers and civil society members agree that the Supreme Court has played a major role for the protection of citizens’ fundamental rights.
The CJP has also taken several suo motu notices regarding different issues, where the people’s basic rights had been violated, like Hindu girls’ matter, Joseph Colony incident, brutal killing of two brothers in Sialkot, murder of a boy by Rangers officials in Karachi, Shahzeb murder case, increase in the salary of lady health workers, abduction of Baloch people, retrieval of schools’ land from influential people in the country, killing of Hazara community, etc.
Due to the intervention of the apex court, Pakistani eunuchs got their basic rights. The Supreme Court has also played a pivotal role in eliminating social evils like Vani and Karo Kari, which were rampant in society to the detriment of the common man. Likewise, legal experts appreciate Supreme Court, especially chief justice’s efforts to overcome the miseries of Baloch people. He is taking keen interest in resolving Balochistan outstanding issues and due to his sincere role, major Baloch political parties are likely to participate in the upcoming elections.
On the other hand, superior judiciary has been lacking self-accountability in the last four years. Several top jurists raise questions over several acts of courts and its proceedings in Arsalan Iftikhar case, second extension to Supreme Court Registrar Dr Faqir Hussain, third extension to Federal Judicial Academy (FJA) DG Pervaiz Chawla, non-appearance of its registrar before the Public Accounts Committee (PAC), fixation of sugar prices and contempt cases related to media persons and parliamentarians.
Similarly, lawyers have also recommended the judiciary to use its contempt power rationally because overuse of contempt proceedings against politicians would raise questions on the superior courts’ integrity, whereas punishment could never bring integrity and respect to any institution. The superior bars are also raising their voices against the appointment of superior courts judges since March 2009.
Likewise, the fate of ordinary litigants is still unchanged, as more than 1.5 million cases are pending in all courts. Fees of lawyers have also been increased; therefore poor litigants cannot approach the superior courts to get justice. After restoration of the judiciary, though the CJP introduced many reforms for the betterment of the judicial system, as the New Judicial Policy was enforced in May 2009, but much progress was not witnessed in lower courts due to the non-cooperation of the police and junior lawyers. Similarly, complains are still received on different issues like corruption and pendency of cases.
It is worth mentioning that only three dissenting notes were issued by the apex court’s judges in high profile cases in the last four years. In the PCO judges’ case in 2009, Justice (r) Muhammad Sardar Raza had written one dissenting note. Likewise, Justice Nasirul Mulk wrote a dissenting note in Mukhtaran Mai case, and recently, Justice Ejaz Afzal Khan has issued dissenting note in the presidential reference on judges’ seniority issue. As around eight months are left in the retirement of the CJP, lawyers have suggested him to focus on lower judiciary’s problems. (to be continued)
Courtesy www.dailytimes.com.pk