PTI social media drive pressuring judges

Judiciary dispels impression it will be influenced this time around

ISLAMABAD:

The PTI has been successful in influencing the superior judiciary through social media campaigns since the Panamagate in 2016 but it remains to be seen whether or not its strategy works this time around.

In October 2016, PTI Chairman Imran Khan had announced a plan to impose a “lockdown” in Islamabad to exert pressure for the expeditious disposal of the Panamagate case. When the PTI began its long march, former top judge Anwar Zaheer Jamali had formed a larger bench to hear the case.

The top court on November 1, 2016 averted an impending political showdown between the PML-N and the PTI by ordering a judicial probe into the Panamagate scandal. The bench expressed its desire that all political parties, including the PTI, should reconsider their position, adding that all concerned should hold their horses.

“Politics will continue and let people have some peace now,” the then CJP Asif Saeed Khosa had remarked. Later, the PTI wound up the “lockdown" plan and joined the proceedings.

In December 2016, when then Chief Justice Jamali offered an inquiry commission to probe the Panamagate case, PTI's attorney Naeem Bukhari refused to accept it. Subsequently, the case was adjourned 15 days before former CJP Jamali's retirement.

Upon this, a malicious campaign was started against Supreme Court judges, especially the then new CJP Mian Saqib Nisar, on account of his past association with the PML-N. Former CJP Nisar had formed a larger bench minus himself to resume the hearing.

Even in January 2017, one member of the bench, Justice Ejaz Afzal Khan, referring to the campaign against the judges, asked the PTI counsel what kind of justice his client wanted.

In April 2017, a split judgment on Panamagate was announced wherein two judges had disqualified Nawaz Sharif as a lawmaker.

However, three members of the lager bench referred the matter to a joint investigation team (JIT) for further probe into the matter.

Once again, a campaign on social media was initiated against the judges who had not disqualified Nawaz and formed a JIT for further probe.

When the JIT report revealed its findings against the Sharif family, the PML-N supporters also started campaigning against the judges, badly affecting the interests of their party. Three lawmakers were disqualified in contempt cases. Several party activists were sent behind bars on account of using abusive language against former CJP Nisar.

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The PML-N lawyers believed that former CJP Nisar's orders had badly affected the party’s position in the 2018 general elections. When the PTI came to power, there was perception that the executive, judiciary and establishment were on the same page against opposition parties.

The superior courts did not timely rescue the opposition leaders, who faced a tough time by the PTI government and the National Accountability Bureau (NAB).

When Nawaz went abroad, former PM Imran had accused the courts of facilitating him. However, former CJP Asif Saeed Khosa in his speech had rejected Imran's claims against the judiciary.

The PTI also continued a campaign against one section of judges in Justice Qazi Faez Isa case. Justice Isa and his family members were targeted by social media trolls. No state agency took notice of the malicious campaign against him and a few other judges.

During the tenure of former CJP Gulzar Ahmed, the PTI did not face a tough time in any matter as former attorney general for Pakistan Khalid Jawed Khan played a key role for the purpose.

Currently, the PTI is campaigning against the Supreme Court for declaring the National Assembly deputy speaker's ruling and dissolution of the house as unconstitutional. The SC order had allowed a no-confidence motion against the then PM Imran under Article 95 of the Constitution.

Despite clear SC direction, the NA speaker was delaying the process which might have invited extra-constitutional forces to take over the country.

In view of the bar representatives’ concerns, the Supreme Court and the Islamabad High Court were opened at night. However, the NA speaker resigned and later the no-confidence process against Imran was completed that resulted in his ouster from the position.

However, the SC's move to save the Constitution was not being appreciated by the PTI. Even in every procession, Imran is questioning the opening of courts at midnight. PTI supporters are continuing a malicious campaign against judges.

Following this campaign, the SC entertained a PTI petition seeking lifetime disqualification of defecting lawmakers under Article 63A of the Constitution.

SC Judge Ijazul Ahsan allowed an appeal in chamber against the registrar office's objections on a PTI petition against the Election Commission of Pakistan’s (ECP) notification for carrying out the delimitation process. During the hearing, PTI lawyer Fawad Chaudhry was also present in the chamber.

Though PML-N lawyer Makhdoom Ali Khan is on general adjournment until May 17, the SC fixed a presidential reference seeking interpretation and scope of Article 63A on May 9. It is to be noted that the PTI leadership is consistently demanding early decision on the presidential reference.

Former CJP Nisar also met Imran in Lahore. According to media reports, the former top judge had expressed serious concerns over the PTI's social media campaign against judges.

It is learnt that Imran has sought former CJP Nisar’s help under the prevailing situation. Senior lawyers believed that the top judges should not give this impression that they were being influenced by the social media campaign against them. They say that courts should decide cases independently rather than succumbing to the external pressure of social media.

Incumbent CJP Umar Ata Bandial already made it clear that they were not being influenced by what was happening outside.

While the PTI was continuously trying to pressure the judges, they were also approaching courts for relief in several matters.

Now, the PTI is demanding Chief Justice Bandial to constitute a commission on the alleged “Lettergate”. The PTI chairman has also urged President Arif Alvi to write a letter to CJ Bandial for constitution of an inquiry commission in this matter.

The PTI is obtaining relief from lHC Chief Justice Athar Minallah, who is being targeted for opening the court at midnight.

A division bench of the IHC led by Justice Minallah suspended a single judge’s order to conclude the foreign funding case within 30 days. The IHC also ordered the FIA to remove the names of PTI leaders Mirza Shahzad Akbar and Shahbaz Gill from the no-fly list. Similarly, the same IHC bench ordered the law enforcement agencies not to harass the PTI’s social media activists.