PPP finally in SC's good books

Apex court not hostile to party despite push for FCC

ISLAMABAD:

Despite the former's judicial activism since March 2009, the Pakistan Peoples Party is yet to incur the wrath of the Supreme Court.

PPP Chairman Bilawal Bhotto Zardari is consistently presenting a chargesheet against the superior judiciary on judicial overreach on matters related to governance, maladministration and several legislations since the restoration of superior judiciary led by former chief justice of Pakistan Iftikhar Muhammad Chaudhry.

There is an impression that PPP is availing opportunity to hold the incumbent superior judiciary accountable for actions taken by former chief justices against the party.

PPP is leading the task to establish the Federal Constitutional Court (FCC) as per the Charter of Democracy (COD). However, there is visible change in the judiciary's approach over the last couple of years. Majority of SC judges are accepting the parliament's authority on legislation.

Ten SC judges had endorsed the Supreme Court Practice and Procedure Act 2023. Likewise, it has also been observed that majority of SC judges are not following the judicial activism witnessed during the tenures of ex CJPs Iftikhar Muhammad Chaudhry and Saqib Nisar.

Several lawyers believe that the aim of FCC creation is merely to control independent judges. They wonder why political leaders are silent regarding the coercive actions taken to secure a two-thirds majority in Parliament.

Former Additional Attorney General Tariq Mahmood Khokhar sys that for far too long, the PPP has suffered destruction, judicial murders, and crimes committed in the name of the law at the hands of an alliance between the judiciary and extra-constitutionalists. However, what was truly being undermined was the rule of law and democracy.

"History is repeating itself, but with a twist: the PPP is no longer the victim; it has become a collaborator against the PTI, the rule of law, and democracy. It seeks to undermine the judiciary through constitutional amendments," he adds.

Khokhar stated that it is disgraceful for a party with a history of struggle and being a recent beneficiary of the judicial decisions of independent and impartial judges to take such actions. "PPP seems to be oblivious to the fact that not all judicial office holders are willing to kowtow the holders of power and their minions," he states

 

Victim of judicial overreach

It is an open secret that PPP remained victim of judicial activism during ex CJP Iftikhar Chaudhry's era.. It is also well known that Pakistan Muslim League-Nawaz (PML-N) was close to the ex-chief justice throughout his tenure.

When the Supreme Court, led by ex CJP Iftikhar Chaudhry, had taken up NRO case in December 2009, a confrontation between the PPP-led government and superior judiciary was initiated, and continued for four years. PPP leaders had also faced a tough time in the courts in corruption cases.

The Supreme Court had initiated contempt proceedings against two PPP prime ministers in NRO case, and one of them, former prime minister Yousaf Raza Gilani, was convicted. Several top officers like law secretaries, attorney generals and NAB officials were ousted on account of judicial proceedings in the NRO implementation case. Both the PPP premiers had appeared in the apex court six times in a year.

After a three-year-long tussle between the executive and SC, the PPP-led government finally implemented the courts judgement by writing a letter to the Swiss authorities at the end of its last year in government. However, the Swiss government conveyed to Pakistan that alleged corruption cases against President Zardari could not be reopened.

SC had taken up a number of important issues related to bad governance, including about CNG prices, rental power project, OGRA chairman's appointment, ephedrine case, Pakistan Steel Mills, waived loans, breaches in embankments during the 2010 floods, National Insurance Company Limited, promotions of 54 bureaucrats, Hajj corruption, ISAF containers, contract employees and irregularities in PIA.

The SC, led by ex CJP Iftikhar Muhammad Chaudhry, had also formed special benches regarding the implementation of different judgements in other cases like rental power projects corruption, illegal appointment pf OGRA chairman and Pakistan Steel Mills scam. PPP leaders and top bureaucrats' court appearances were dominant during the proceedings of these matters.

During the Iftikhar era, the SC had also initiated contempt of court proceedings against several PPP leaders, like two premiers, Babar Awan, Rehman Malik, Taj Haider and Sharjeel Memon on different matters, which was also a source of conflict between the party and the apex court.

Similarly, the Supreme Court had taken up cases regarding the worsening law and order situation of Balochistan and Karachi, declaring that both provinces had failed to protect the lives of citizens.

The SC, hearing PML-N Chief Nawaz Sharif petition, had also formed a commission, led by incumbent CJP Qazi Faez Isa, to look into the infamous 'Memogate'. The commission had conducted proceedings in Islamabad wherein President Asif Ali Zardari was exonerated in the final report. PPP also faced a tough time in ex CJP Anwar Zaheer Jamali's era. Jamali had taken 20 suo motu notices, most of which were related to the poor state affairs in his home province Sindh.

The bench, led by Amir Hani Muslim, had overturned thousands of promotions in Sindh's departments. The same bench had also initiated proceedings regarding the implementation of its judgement.

Later, ex CJP Mian Saqib Nisar had taken notice in fake accounts case wherein President Zardari was sent to jail.

Ex CJP Saqib Nisar had constituted a joint investigation team (JIT) to probe the fake accounts scam. After the JIT report, NAB was ordered to file references against accused persons in Islamabad/Rawalpindi rather than Karachi. Sindh Chief Minister Murad Ali Shah was also named in that scam.

During ex CJP Asif Saeed Khosa tenure, PPP leaders could not get pre arrest bails in graft cases. They were sent to jail. Asif Ali Zardari and his sister Faryal Talpur remained imprisoned in the fake accounts scam.

Ex CJP Gulzar Ahmed had also taken notices in matters related to maladministration in the province of Sindh. During the proceedings, Justice Gulzar had grilled the Sindh government. However, the PPP-led Sindh government was not in trouble during ex CJP Umar Ata Bandial's reign as the country's top judge.

After two years of imprisonment, a division bench comprising ex CJP Bandial and Justice Syed Mansoor Ali Shah had granted bail to PPP senior leader Khursheed Shah.

Justice Mansoor Shah had written the bail granting order. After that, it was not easy for the NAB to proceed against Khursheed Shah. Ex CJP Bandial had also taken notice on the attack on Sindh House in Islamabad by PTI supporters. Although majority judges had declared amendments in the NAB law as illegal, Justice Syed Mansoor Ali Shah had dismissed Imran Khan's petition.

When Justice Qazi Faez Isa became CJP in September last year, a visible change was witnessed in judges' approach toward parliament. Out of 15, 10 judges had endorsed the Supreme Court Practice and Procedure Act 2023.

Later, a nine-member larger bench, led by CJP Isa, while giving its opinion in the presidential reference case, held that the trial of Zulfikar Ali Bhutto was conducted without the constitutional protection of guaranteed fundamental rights.

Another larger bench overturned a majority decision and restored amendments in the NAB law. PPP and PML-N are being considered biggest beneficiary of these amendments. Currently, the superior judiciary is not hostile towards the PPP leadership.

Although the judges have not been hostile for the last couple of months, PPP is taking the lead to reduce the SC's jurisdictional powers by establishing a new apex court in the country which is known as the FCC.