Wednesday, June 5, 2019

Business Recorder Editorial June 5, 2019

References against judges

As though the country did not have enough problems on its plate currently, a row has broken out regarding the filing of references before the Supreme Judicial Council (SJC) against senior Supreme Court judge Justice Qazi Faez Isa and the Sindh High Court’s Justice K K Agha. The whole affair has been shrouded in a fog of confusion until recently, when the news of the reference against Justice Isa was ‘leaked' to the media. This persuaded the honourable Justice Isa to write to President Arif Alvi (his office being the mover of such references) to confirm whether this was indeed the case and if so, could he have a copy of the impugned reference. Since then, the country has been rife with protests by the opposition and bar councils and interminable discussions on the electronic media regarding the affair. At last this has now been put a stop to by the Pakistan Media Regulatory Authority (PEMRA), forbidding news, analysis or discussion of the issue. Meanwhile, the speculation about Federal Law Minister Farrogh Naseem being the mastermind and mover of the references has been denied by the worthy minister as well as his ministry. They have passed the buck to the Asset Recovery Unit (ARU) as the source of the information that the judges in question possess properties abroad in the names of their spouses that they have failed to declare in their wealth statements. The ARU on the other hand has denied being the complainant, hiding behind its duty to pass on any such information to the relevant institutions, chief amongst them the law ministry. Although the PM’s office and the Law Ministry have issued a press release on the subject explaining in detail the mechanism leading to the filing of the references and stressing that exercise of any discretion or deviation by the state functionaries would be tantamount to dereliction of duty, but the widespread perception ruling the roost throughout the country though remains the suspicion that these judges, and Justice Isa in particular, are being targeted for their fair and bold decisions that do not shrink from stating uncomfortable truths. In Justice Isa’s case, his conclusions in the inquiry into the lawyers’ community’s bombing in Quetta, the order in the review petition pertaining to Hudaibiya Paper Mills and his verdict in the Tehreek-e-Labaik sit-in in Islamabad appear to have aroused the ire of the powers that be. Explanations and corrections have surfaced in the media from the law ministry and the president’s office regarding the role of these institutions in the affair.
Meanwhile, both houses of parliament echoed with the issue on May 31, 2019. Whereas the opposition, on the basis of its majority in the Senate, managed to pass a resolution of condemnation on the issue, the National Assembly (NA), despite a similar resolution being moved by the opposition, fell prey to the ruction over the Pashtun Tahaffuz Movement (PTM) issue. The NA opposition did compensate for not being properly heard or its resolution being accepted in the house by holding a press conference in which the strong message against any attempt to target the independent minded judges of the superior judiciary was conveyed by all the opposition parties unanimously. Even the ‘ally’ of the government in the Centre, Akhtar Mengal of the Balochistan National Party-Mengal joined in and lent his voice to the stance of the opposition. The lawyers community countrywide, with the ‘honourable’ exception of the Punjab Bar Council, is united in its condemnation of the references and its stated resolve to stand firmly with the judiciary and against any attempt to emasculate its independent minded members. A joint preliminary meeting of the national, provincial and Islamabad bar councils on June 8-9, 2019 in Islamabad will be followed by a meeting called by the Pakistan Bar Council on June 12. All this is in preparation for the lawyers’ intent to be at the Supreme Court on June 14 when the SJC will begin hearings into the references.

If there is a sense of déjà vu here, it is entirely the fault of the powers that be. The fact that the government appeared to be maintaining a pregnant silence on the issue until now points the finger of suspicion to the usual cast of suspects. The timing too defies explanation as the government is faced with the prospect of a possible opposition agitation after Eid and a general atmosphere of protests after presentation of the federal budget that is likely to put an unprecedented burden on the people. The government appears hoist by its own (or someone more powerful’s) petard, reminding one of the lawyers movement that led to Parvez Musharraf’s departure, but this time with the added spice of a possible opposition street agitation.

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