The acknowledgement of the executive and state agencies’ interference in the judicial matters by majority judges of the superior courts have put the government/security establishment in a difficult position as it has to deal with two fronts including the Pakistan Tehreek-e-Insaaf (PTI).
After the change of Imran Khan’s government, a clash was started between the PTI and the then PDM-led government and the security establishment. After the May 9, 2023 incidents, PTI leaders had faced a tough time. During the last couple of months, the PTI was unable to get any relief in any matter.
The situation had changed after the February 8 elections in which the PTI emerged as the largest single party in the National Assembly. But it did not stop a clash between the present government and the PTI.
On March 25, six Islamabad High Court judges wrote a letter to the Supreme Judicial Council (SJC) wherein they claimed interference by the agencies in the judicial functions.
Despite facing serious allegations, the government put a brave face and seemed somewhat relaxed in face of damning allegations ostensibly banking on “cordial relations” it has with Chief Justice of Pakistan Qazi Faez Isa, who tried to refer the matter to the government for the formation of an inquiry commission to probe the letter, despite the fact that a few Supreme Court judges opposed the idea. They wanted to take up the matter by the judiciary itself through suo motu proceedings.
Recusal of former chief justice of Pakistan Tassaduq Hussain Jillani compelled CJP Isa to take suo motu notice. During two hearings, a division among the judges over how to deal with the matter is palpable.
In a shocking revelation that took everyone by surprise, three high court judges said that interference by the agencies in political cases “is an open secret”. The high courts presented different proposals to end interference by the agencies.
At the same time, a malicious campaign was started against IHC Judge Babar Sattar. Even his family’s data/information was leaked on the social media. It seems the government is unable to defuse the situation so far.
Despite maintaining a different position by CJP Isa, tension between the superior judiciary and establishment is increasing.
Sources revealed to The Express Tribune that one section within the government is suggesting the “powerful circles” to not open two fronts at the same time. Earlier, it was the PTI which was mounting pressure on the government/security establishment through different methods.
There is a need to come to a kind of “ceasefire” between the judiciary and executive/security establishment at the moment, a senior government official also admitted with The Express Tribune.
He also believes that if tension between two institutions allow to increase, the PTI will be the biggest beneficiary. It is to be noted that the PTI has already started to exploit the situation by claiming that they were the victim of the executive interference in the judicial affairs.
The country’s history suggests that the security establishment never succeeded in its clash with an individual judge. Army dictator Pervez Musharraf had tried to oust former chief justice Iftikhar Muhammad Chaudhry but he faced a setback and got weak. The same happened when the PTI-led government attempted to remove Justice Qazi Faez Isa. Both the judges remained secure and the security establishment had to content with the majority judges’ decision.
At present, the judges want to preserve their independence. They do not want to penalise any government functionary. However, if the authorities concerned continue using intimidating tactics and harassing independent-minded judges, then they will be compelled to take coercive actions. And they will have the full backing of the largest political party (the PTI) and the lawyers community.
If the security establishment has de facto powers, then the judiciary has also de jure power. Their clash will favour the PTI, says a lawyer.
Now all eyes are on the government as to what reply it will submit in response to the meddling allegations.
A senior government official confirmed to The Express Tribune that several proposals are under consideration like a judicial reforms package wherein the tenure of a chief justice can be for a fixed term or the maximum age limit of superior court judges can be increased. However, he said a decision would be made after consultation with all stakeholders.
The official said that everything would become clear after the completion of the Senate elections in the Khyber-Pakhtunkhwa (K-P) Assembly. It is to be noted that Prime Minister Shahbaz Sharif has already formed a committee to suggest judicial reforms.
COMMENTS
Comments are moderated and generally will be posted if they are on-topic and not abusive.
For more information, please see our Comments FAQ