Faceoff with establishment: Will SC come to PTI’s rescue this time?

Some experts believe whoever is backed by the apex court will prevail

ISLAMABAD:

Now that the Pakistan Tehreek-e-Insaf (PTI) party and the security establishment have finally come face to face, the role of the superior judiciary has become even more important as some experts believe the side which is supported by the Supreme Court will prevail.

PTI leaders have already started approaching the superior judiciary for a rescue amid a crackdown that started on May 9 after the party chief Imran Khan’s arrest from the premises of the Islamabad High Court (IHC) where he was present in connection with two other cases.

The relationship between the establishment and the Imran party has reached its lowest ebb.

The PTI, which was accused by its opponents of coming into power with the help of the security establishment, began to speak against the then army chief—General Qamar Javed Bajwa—when its government was ousted as a result of a no confidence motion in April last year.

Later things got worse, when the PTI made the process for hiring of the new army chief—General Asim Munir—controversial by saying that Pakistan Muslim League-Nawaz (PML-N) supreme leader Nawaz Sharif was appointing a general of his choice.

After the appointment of the new army chief, Imran Khan dissolved two provincial assemblies—where his party rules—in order to force the federal government to announce snap polls.

The SC led by Chief Justice of Pakistan (CJP) Umar Ata Bandial had played a key role in completing the process of no confidence against Imran Khan under Article 95 of the Constitution by setting aside the ruling of National Assembly deputy speaker Qasim Suri.

However, the apex court later gave several reliefs to Imran Khan against the desire of the establishment.

A three-judge bench led by CJP Bandial held that no vote of any lawmaker would be counted against violation of Article 63-A of the Constitution. This judgment had a profound impact on politics of Punjab.

When Punjab Assembly deputy speaker Dost Mazari discarded 10 votes cast by the PML-Q members through a ruling, a section of the SC gave relief to the PTI and its ally by declaring Parvez Elahi as the new chief minister of Punjab.

When Imran Khan and his followers faced severe crackdown by state functionaries ahead of their long march to Islamabad, a three-judge bench led by Justice Ijazul Ahsan on May 25, 2022 gave relief to them by compelling the capital police as well as administration to arrange a place for their rally.

However, the SC order was violated as the PTI workers reached D Chowk and damaged state and public properties. The government requested the SC to start contempt proceedings against Imran.

However, the SC could not find facts justifying initiation of contempt proceedings against the PTI chief.

Recently, one section of the SC judges gave relief to the PTI by directing the Election Commission of Pakistan (ECP) to hold elections for the Punjab Assembly on May 14.

Also read: PTI leader Fawad Chaudhry arrested after evading police for 12 hours

The security establishment did not comply with the SC order. The ECP also challenged the order. CJP Bandial said holding of general elections within 90 days is not a choice but a constitutional duty.

In the meanwhile, Imran Khan started criticizing the establishment. He also accused a military officer of planning and executing an assassination attempt on him.

Subsequently, Imran Khan was arrested from the premises of the IHC, sparking a debate as to whether law enforcement agencies could arrest a person from the court premises.

Majority of lawyers believe that Imran Khan's arrest from inside the IHC is illegal. However, IHC Chief Justice Aamer Farooq has declared it legal.

Now the PTI has challenged the IHC order in the Supreme Court. The cause-list regarding listing of this matter is yet to be issued. Fate of this petition will make it clear whether the superior judiciary is still determined to rescue Imran Khan or not.

However, some people believe now it will not be easy to rescue the PTI given the fact that its workers are attacking residences of military officers.

Former senator Mustafa Nawaz Khokhar said all political parties as well as the establishment should jointly formulate term of references (TORs) for general elections as well as eligibility of some politicians.

They should later approach the SC for a decision. “However, a full court should hear the matter.”

Judicial politics has also reached the IHC whose public relations officer (PRO) on Wednesday had to issue a clarification after two judges of a three-judge bench that heard a plea seeking disqualification of Imran over hiding his alleged daughter got their “opinion” published on the IHC website.

Some political analysts believe that if the government succeeds in suppressing the agitation started by the PTI workers then PTI chief Imran Khan may show flexibility and sit at the table with the government.

They say the government was willing to dissolve the National Assembly in the first week of July but Imran Khan did not agree with the proposal.