Obstruction of justice

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Travesty of justice, unfortunately, is getting to become a new-normal and no eyebrows are being raised. The courts apparently are under the influence of the executive, and things have boiled down to open contempt since the passage of the 26th constitutional amendment. The tier of parallel judiciary imposed in the form of Constitutional Bench at the apex court, superseding of senior judges and inductions on nepotism are now taking a toll. The 'court-packing' by the government is literally decimating the independence of the judiciary. The cases pertaining to opposition members as well as those awaiting a judicial review in public interest are the worst hit as dispensation of timely justice is not around.

The stance taken by Justice Sardar Ijaz Ishaq Khan of the Islamabad High Court (IHC) is a case in point. Justice Khan, by invoking contempt proceedings and seeking a clarification from the Deputy Registrar Judicial and Advocate General, has done the obvious in all solemnity. He rightly questioned the cancellation of his court's cause list and subsequent transfer of a case under his domain pertaining to PTI founder Imran Khan to a larger bench. The learned judge minced no words in observing that court rules did not mention such powers in the office of the Chief Justice, saying it is "tantamount to misleading the court of justice".

The intention behind this 'procedural' arm-twisting was to victimise the imprisoned ex-PM whose lawfully due meetings with his family, friends and clients were being denied, despite the express orders of the court. Justice Khan, thus, was scheduled to hear a complaint filed by PTI's Mashaal Yousafzai against the Adiala Jail superintendent for denying her a similar meeting. The supra-intervention surprised many as ironically neither the state nor the jail superintendent was party to the case, and yet the newly-inducted IHC Chief Justice found it necessary to obstruct its hearing. This speaks of micro-management of litigations and that too despicably from the judges, making it an open and shut case of miscarriage of justice.