Will SC step into PTI’s legal fights?

Political analysts say PTI’s policy towards the establishment will change after COAS appointment

ISLAMABAD:

As the Supreme Court signals its lack of interest and restraint in taking notice of PTI’s repeated applications, the former ruling party has amped up its pressure on the top court to step into its legal fights – even as party’s legal wizards say there was a faint potentiality of any such intervention in view of Imran Khan’s confrontational politics.

With its repeated knocks on the doors of the court of last resort, the PTI has had mixed success but has frequently been infuriated by what it sees as ‘unfair treatment'. Having enjoyed a string of ‘favourable rulings’ since Panamagate, the party is exhausting all options at its disposal.

Speaking to The Express Tribune, a senior PTI lawyer acknowledged that although the apex court took cognizance of PTI’s grievances regarding journalist Arshad Sharif’s murder and delay in the registration of an FIR of the Wazirabad incident, there was still no substantial progress.

Therefore, he explained, the PTI has filed a constitutional petition simultaneously in the Supreme Court's Lahore, Karachi, Peshawar and Quetta registries, challenging the decision not to include the names of the three suspects identified by Imran Khan in the FIR over the murderous gun attack on him.

Similarly, last week, the SC’s human rights cell also refused to entertain an application seeking suo motu proceedings over the non-registration of the FIR. The human rights cell asked the PTI lawyers to approach an appropriate forum to redress their grievances, the sources said.

However, the complainant has now moved an application before ‘Justice of Peace’ Wazirabad under Section 22-A of CrPC. The judge of the lower court, who is authorised to order the registration of FIRs under the said section, has not instructed the Inspector General Punjab to submit a report on Wednesday.

CJP consults over PM’s letters

On the other hand, it was learnt that CJP Umar Ata Bandial has started consultations with fellow judges on Prime Minister Shehbaz Sharif’s letter requesting him to form a judicial commission comprising all available judges to unearth the facts behind the assassination bid on the former premier as well as the murder of journalist Arshad Sharif.

Sources indicated that was a chance that the majority of judges will not support SC's intervention in the matter.

A lawyer commenting on the prime minister's request for commissions pointed out that any such proceedings would end up making the judiciary more controversial, especially when both federal and provincial governments could form commissions under Inquiry Act 2017.

PTI’s strategic

It is being witnessed that since the Panamagate case, the PTI's strategy remained successful to secure relief and favourable results from the superior judiciary by putting pressure through social media campaigns and strong statements from its leaders on the “failure of the justice system”

Read PTI moves SC for naming three suspects in Wazirabad attack 

In October 2016, Imran Khan 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 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 also 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 unleashed against the judges of the top court, especially the then CJP Mian Saqib Nisar on account of his past association with the PML-N. The chief justice had to form 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.

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's case. Justice Isa and his family members were targeted by social media trolls.

PTI also campaigned 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 resulting in his ouster from the position.

However, the SC's move to save the Constitution was not 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. Later majority judgment held that vote of defecting lawmakers would not be discarded in view of Article 63-A of the constitution.

This interpretation came as a shot in the arm of the PTI in Punjab. Meanwhile, several constitutional petitions filed by PTI were entertained by the apex court since April.

Read more Toshakhana reference sent to trial court against Imran

However, despite a massive campaign, CJP Bandial did not constitute a commission to probe the alleged cypher.

‘Aggressive strategy’

In the wake of PTI’s evolving aggressive strategy, it is being understood that the court of last resort might have a change of heart and agree to intervene in the three matters the former ruling party feels it is aggrieved in.

However, so far there has been no success.

Political analysts believe that PTI’s policy towards the establishment will see a change after the appointment of the new army chief, adding that the SC will surely see whether the party will soften its line on the matter and change its strategy toward the establishment.

Though PTI is getting relief from one section of SC since Panamagate, there is less chance that the majority of judges will support exercising suo motu jurisdiction under Article 184 (3) of the constitution.

Similarly, PTI wants suo motu proceedings in matters in which the establishment is directly being accused which, the observers believed, would make it harder for the judiciary to go against the establishment on PTI's desire.