Dissent and beyond

The dissent over suo motu by other judges, and their gradual disassociation from the bench, poses serious questions

After a whirlpool of intra-court developments, which saw the four-member Supreme Court bench diminish to three as another honourable judge recused himself, Chief Justice Umar Ata Bandial pronounced that elections to the dissolved legislatures of Punjab and K-P cannot be delayed any further. The court, nevertheless, offered to assist the executive if it opted for a political dialogue to ensure polls at the earliest possible schedule. Likewise, the apex court also refused to constitute a full court to hear the case that still is in vogue under suo motu jurisdiction and the CJP brushed aside interpretations from puisne judges over its writ and maintainability.

The post-afternoon proceedings exhibited judicial review as the three-member bench was unrelenting to accept excuses of cash-crunch and security fears to delay the polls. The three-member bench, whose writ is now openly being questioned by jurists and political circles, however, kept its heads high in upholding its domain to interpret the Constitution without any recourse to delay. This haste and one-sidedness is in the spotlight. The bench also summoned the secretaries of Interior and Defence as it was told that the country is in a financial stop-gap deficit of Rs1,500 billion.

The top court, as it adjourned to meet till Monday, has left behind some cardinal messages to the politburos of Pakistan. The intuition of the court is to abide with the provisions of the Constitution. The judges touch-based over the hoarse of criticism on the superior judiciary, and articulately slid it away calling it a political venture about which the Brother Judges are not bothered. The CJP went on to carry his colleagues, even those who had written notes of dissent, by saying it is a mature way of speaking their mind, and should not be read as contention. This role of the Supreme Court, in an adverse and contested environment of polarisation, is laudable. But the dissent over suo motu by other judges, and their gradual disassociation from the bench, has posed serious questions of lawful procedures, and the CJP ought to look into it too.

Published in The Express Tribune, April 1^st, 2023.

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