Bracing for an imminent legal showdown

Legal experts believe it will be difficult for SC to initiate contempt proceedings against PM

ISLAMABAD:

A showdown is expected between constitutional institutions next week as the Supreme Court is likely to take a final decision about holding polls for the Punjab Assembly amid a protest against its alleged partiality by the ruling parties on Monday.

It is learnt that despite clear orders of the Supreme Court, the parliament has not provided it the transcript of its debates on the Supreme Court (Practice and Procedure) Act, 2023.

However, the relevant standing committee's debate was available on the National Assembly website has been shared with the eight-judge bench hearing pleas against the piece of legislation.

A cabinet member revealed to The Express Tribune that NA Speaker Raja Pervez Ashraf has already formed a committee of lawmakers to deliberate whether transcript of a parliamentary debate should be submitted in the SC.

The committee's report will be shared with the house which will take a final decision in this regard.

Last week, the eight-judge larger bench led by Chief Justice of Pakistan Umar Ata Bandial asked Attorney General for Pakistan Mansoor Awan to share the transcript of the debates of the parliament by May 9.

The Pakistan Muslim League-Nawaz (PML-N) led government and powerful circle are upset over manner in which the SC came to the rescue of former premier Imran Khan after he was rounded up from the premises of Islamabad High Court (IHC) on the order of the top accountability watchdog on May 9.

Following the SC order, the head of the ruling parties’ alliance Mualana Fazlur Rehman announced a sit-in to be staged in front of the Supreme Court building on Monday.

A three-judge bench led by Chief Justice of Pakistan (CJP) Umar Ata Bandial will also take up the Election Commission of Pakistan (ECP) review petition tomorrow ( Monday) against the bench’s April 4 order for holding polls in Punjab on May 14.

Both the federal government as well as the ECP has failed to comply with the order. A senior lawyer believe that the SC’s Monday proceeding will be crucial
“The SC can reverse its April 4 order but it may also initiate proceedings over its non-implementation of its April 4 order. However, the chances of the SC reversing its April 4 order are slim.

“If the court initiates contempt proceedings then the controversy over SC’s March 1 order will resurface. Contempt petition may also be filed over non issuance of the order of the court and non-implementation of 4-3 judgment in elections matter.”

Some senior lawyers said it is not easy to initiate contempt proceeding against the prime minister over not implementing the SC’s April 4 order as right now the SC is divided into two groups with eight judges on one side and seven on the other.

They said issue of Imran Khan’s arrest is mishandled by the powerful circles. There are several reasons for the IHC judges’ annoyance at the government and the establishment.

A senior lawyer said powerful circles should take care while dealing with judges.
“They should also learn a lesson from the Iftikhar Chaudhry episode when the entire judiciary united after the former CJP was mistreated,” he adds.

He said CJP Bandial should also take some steps to resolve the election issue through political dialogue.

“If the election issue is resolved through dialogue then political stability will be restored.

“However, if elections are held without settling the rules of games then there will be no political stability in the country and opposition parties will take to the streets.

“Currently, Imran Khan does not want dialogue with political parties. He is targeting everyone including the establishment because he is getting support from the judiciary in prevailing situation.”

A government official believes that things have reached a point where all stakeholders have little options. They all should show flexibility in their stances for the betterment of the country.

Former senator Mustafa Nawaz Khokhar is also urging all stakeholders to address each other’s grievances through dialogue.

Talking to an international newspaper, he said the future remains uncertain as “Pakistani political drama shames The Game of Thrones with its constant twists and turns.

“However, this much can be said that a cornered Imran Khan was dangerous and now with his ego wounded by maltreatment, he might just turn into a monster.”

Lawyers are also divided over the ruling parties’ protest against the apex court.

The Independent Lawyers Group, which is pro-PTI, is standing with the SC led by CJP Bandial. The Independent Group, which is pro-government, is still silent on the development.

The PTI wants the SC to take some coercive steps against the establishment. Despite, facing severe criticism, CJP Bandial has not initiated contempt proceeding against anyone during his tenure.