Supreme Court is ascendant and unrelenting
By: Hasnaat Malik
ISLAMABAD: The Supreme Court has emerged as the most powerful institution of the country after delivering judgements in high profile cases against other organs of state since March 2009. Justice (r) Muhammad Sair Ali had rightly said that Chief Justice of Pakistan Iftikhar Muhammad Chaudhry has the soul of a puritan, heart of a mountain and mind like a crystal ball. He fearlessly raises issues, artfully battles with them and prudently resolves them with ease. Although the Suprem Court’s proceeding in the NRO implementation case remained dominant for the last three years but the court has also delivered a number of judgements related to other institutions of the state.
105 judges removed: After reassuming the charge in 2009, a restored judiciary led by the CJP revisited Tikka Iqbal case judgement, which had validated the November 3, 2007, acts. More then 105 superior courts judges were removed and the Islamabad High Court was also abolished due to this judgement. Later on, the apex court initiated contempt proceedings against those superior courts judges who had violated November 3, 2007, order and took oath under the PCO.
A special bench was constituted to initiate contempt proceedings against more than 60 PCO judges. But with the passage of time, most of these judges submitted unconditional apology and, therefore, evaded conviction.
SC vs parliament: Supreme Court had rejected Contempt of Court Act 2012 as well as the National Assembly speaker’s ruling in former prime minister Yousaf Raza Gilani’s case this year. The court in its detailed judgement in the speaker’s ruling case had held that in the Pakistani context, the old-fashioned British concept of parliamentary sovereignty was no longer relevant. Likewise, it also said in the detailed judgement in Contempt of Court Act 2012 that this act is a colourable legislation, as it was beyond the legislative competence of parliament, and accordingly unconstitutional and void.
On the other hand, SC Registrar Dr Faqir Hussain has refused to appear before Public Accounts Committee for the audit of apex court’s accounts, which also shows that SC is more powerful than parliament. Supreme Court’s proceedings against parliamentarians have also been on the rise as several lawmakers were disqualified in different cases during the last three years. In 2010, due to the court proceedings in fake degree and dual nationality cases, several lawmakers were disqualified. In the ongoing year, the court has also initiated contempt of court proceedings against a number of parliamentarians, including former prime minister Yousaf Raza Gilani, incumbent Interior Minister Rehman Malik, Senator Babar Awan and Sindh Information Minister Sharjeel Memon.
SC vs ECP: The Supreme Court also gave tough time to the Election Commission of Pakistan regarding the completion of electoral list until February 2012 but the ECP failed to do so. ECP Secretary Ishtiaq Ahmad Khan had written a letter to the then prime minister over what he felt was undue interference by the Supreme Court in the affairs of the commission. The court has also passed a number of orders against investigating agencies of the country for the last three years. It also issued contempt notices to chiefs of the NAB and FIA in different matters.
SC vs Presidency: Announcing detailed judgement in Asghar Khan case last week, the Supreme Court noted that the president as head of state must not engage in politics and that a political cell in the Presidency is illegal. The court has also held that the president of Pakistan after entering into his office, obtains the status which falls under the definition of a person who is in the “Service of Pakistan.
SC vs Army: The Supreme Court has also directed the government to take action against former army chief Gen (r) Aslam Baig and former ISI chief Asad Durrani for distributing millions of rupees among anti-Pakistan People’s Party politicians in the general election of 1990. The court has also taken up 11 missing prisoners’ case, which has irked the military establishment as well. It will hear a 15-year-old petition today (Monday) that seeks amendment in Army Act 1952.
SC vs media: Cases pertaining to the media are on the rise in the superior courts as several matters have been instituted in this regard since June 2012. The Supreme Court is also initiating contempt proceedings against two journalists. The court on June 15 took suo motu notice over an interview of business tycoon Malik Riaz Hussain by Dunya TV on June 13 and issued notices to the two TV anchors who conducted the interview as well as the media group’s owner.
SC vs executive: Due to the bad governance, the Supreme Court also took up a number of important issues and cases, including those about fixation of CNG prices, rental power project case, illegal appointment of OGRA chairman, ephedrine case, Pakistan Steel Mills, waived-off loans, breaches in embankments during 2010 year floods, National Insurance Company Limited, promotions of 54 bureaucrats, Hajj corruption, contract employees.
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