Government on warpath with Supreme Court

July 12 pro-PTI ruling disrupts coalition's judicial package plan

ISLAMABAD:

Although the Supreme Court's July 12 majority order directing the Election Commission of Pakistan (ECP) to allocate reserved seats to the Pakistan Tehreek-e-Insaf (PTI) had had no effect on the functioning of the present Pakistan Muslim League-Nawaz (PML-N)-led federal government, the ruling is creating obstacles in the way of the judicial package which cannot be passed without a two-thirds majority.

The government's reaction to the July 12 majority order indicates that its plan to shape the superior judiciary has been badly affected.

It was learnt that the proposed draft of the judicial package suggests extending the retirement age of every superior court judge by three years. Incumbent Chief Justice of Pakistan (CJP) Isa would be the main beneficiary as his retirement is due on October 25.

Soon after the July 12 order, government officials had started saying that the PTI was hoping for the appointment of a new CJP which could potentially send the government packing after Justice Isa's retirement in October.

Political analysts also say that there is a fear amid government ranks that election tribunals may expedite the adjudication of election petitions in Punjab.

As the situation now stands, a five-judge larger bench, led by Chief Justice of Pakistan Qazi Faez Isa, has suspended the Lahore High Court (LHC) judgment regarding the appointment of six new election tribunals. The matter is still pending in the Supreme Court.

In order to negate the effects of the July 12 majority order, the government has made amendments to the Election Act 2017. However, it worth noting that neither has the ECP acted on the new law nor implemented the July 12 order.

The government, meanwhile, still carrying on with its plan to pass the judicial package. However, it faces a shortage in both the National Assembly and Senate to approve the bills for constitutional amendments. With both the lower and upper house in session, JUI-F MNA Noor Alam has submitted couple a of bills for constitution amendments related to the superior judiciary. By the same token, so has PML-N MNA Danyal Chaudhry who seeks an increase in the number of Supreme Court judges from 17 to 23.

Those in the know have claimed that while the government is trying to pressurise the judiciary, it is also using back channels to get on the right side of the next CJP Mansoor Ali Shah. In a landmark majority judgment in the Rawalpindi Bar Association case, it was decided a constitutional amendment could be struck down if violating the independence of the judiciary.

For the moment, the government sits in a position of advantage as it is not facing any resistance from the incumbent CJP. Observers have also called out the rulers for trying to take advantage of the division within the SC.

Senior lawyers say that since July 12, the government has been putting pressure on the majority judges in an effort to restrain from giving demeaning observations in the detailed judgement. They predict that pressure on the judges will continue until issuance of the detailed judgement as well as appointment of next chief justice.

Abdul Moiz Jafferi advocate said that it is evident that the government has tried to fiddle with the judicial structure and failed to muster the numbers. "The cause of this failure can rather easily be identified by any objective analyst to be a lack of popular support or legitimate mandate. It ought to be a point of introspection for any political coalition desirous of implementing something as permanent and far-reaching as constitutional judicial reform," he added.

Moreover, Jaferii said that the government had chosen to blame its failure on the majority of the Supreme Court instead, for reasons it doesn't even know yet.

It has begun its critique preemptively, assailed the character of senior judges through proxy and continued its policy of denial first and shooting the messenger next.

"It also makes clear that the desire of the government wasn't perhaps judicial betterment; but the easier and lower hanging fruit: the guaranteed support of the current hierarchy," he added.