Words of wisdom
Two eminent
judges of the Supreme Court (SC) have in their respective addresses at a
conference in Karachi the other day uttered words of profound wisdom that
should make all stakeholders in the future of the country sit up and take
notice. First, Justice Qazi Faez Isa, who is these days facing a reference in
the Supreme Judicial Council that has been challenged in a number of petitions
before the SC. The general perception is that the powers-that-be did not like
the judgement Justice Isa delivered in the case of the Tehreek-i-Labaiq dharna (sit-in) in Islamabad, carrying
as it did strictures against powerful institutions of the establishment. It is
a tragic and continuing irony of our life as a country that bold and upright
people who do not shrink from speaking truth to power are targeted instead of being
appreciated. Justice Isa did not disappoint in underlining and highlighting
what is wrong in our judicial system, other state institutions, or the
constitutional limits within which they are expected to operate. On the
judiciary, Justice Isa said it has the authority to stop individuals or
institutions from transgressing fundamental rights according to their whims. He
quoted from history, particularly the wrenching breakaway of East Pakistan to
re-emerge as Bangla Desh, arguing that when institutions overstep their domain,
not only were the basic rights of the people violated, it also weakened the
country. Continuing, he explained that when the government of one person was
imposed through martial law and democratic principles ignored, even thousands
of military personnel could not save the country from being bisected. Not only
that, the Hamoodur Rehman Commission Report had not been released to date,
ensuring no lessons were learnt from that episode. The judiciary too, Justice
Isa continued, should not overstep its domain and used the example of the suo
motu proceedings on an unknown written complaint to the SC regarding the imposition
of six different taxes on mobile phones, which was initially stayed by the SC,
causing thereby a Rs 100 billion loss to the exchequer after the SC concluded
it could not consider the matter because it did not fall within the purview of
fundamental rights under Article 184(3). Justice Isa also touched frankly on
the ‘disappearance’ from time to time of some TV channels (and newspapers) and
the strict censorship that had been imposed on the media. A free judiciary and
a free media, he argued, were necessary foundations for any democracy.
The following
day, Justice Maqbool Baqar of the SC further dilated on these issues of
constitutional, legal and institutional nature. He advised the judiciary to
isolate itself from all inappropriate connections in order to ensure and
maintain its independence. He also agued that judges should not, however, live
in ivory towers and should acquaint themselves with the ground realities of our
society, particularly the condition of the poor and indigent. Only then, he
continued, could there be hope for a people-oriented judicial system. The
judiciary, he argued, had to earn the respect and confidence of the people. Judicial
independence was a sine qua non for safeguarding the democratic system and
ensuring against the violation of human rights. Judges’ appointments therefore must
be guided by objective criteria. Last but not least, Justice Baqar drew
attention to the limits of judicial/legal intervention in political decisions
by the legislative and executive branches of the state.
Both learned
judges of the SC have laid down the parameters of the judiciary’s role,
functioning, and limitations drawn by the constitution and law. They have also
pointed to the unexpected consequences and negative effects of judicial hyper
activism. The boundaries within which state institutions must function under
the trichotomy of our constitutional construct have been demarcated by the
honourable judges. In an ideal world, the powers-that-be as well as all
stakeholders should have paid great attention to the wisdom enfolded in the
honourable justices’ remarks. Unfortunately though, our present trends at the level
of state and society do not inspire confidence that the judges’ pertinent ideas
will serve as a wake up call to all those who matter.
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