The Supreme Court has proved yet again that it is independent and free… independent of any check by law and free of all rational sense.
It is now becoming increasingly clear that the the Superior Courts have every intention to allow every terrorist and his mother in law loose on the streets. By dismissing the appeals of Punjab and Federal Governments against release from house arrest of Hafiz Saeed, our honorable Supreme Court told the government, “Arrest him when you have proof”. What would constitute proof one wonders? Indian Government has submitted five dossiers. Is there nothing in them that atleast qualifies as actionable evidence? It seems though that the Supreme Court is now unconcerned with the fate of this country.
Pakistan’s institutions are in perpetual warfare now. The federal government is increasingly on the backfoot by a judiciary that only wants to try cases against the government. In blatant disregard of its own established law by precedent, the Judiciary has already taken up the petitions against the 18th Amendment. The truth is that any constitutional amendment cannot be challenged in court as per the established law. This is a principle that has been faithfully adhered to by the Supreme Court for 30+ years and the judgment in field is Pakistan Lawyers’ Forum case, where a bench consisting of our none other than our great champion of justice, the Honorable Chief Justice of Pakistan today, was a judge passed down the law that a constitutional amendment cannot be struck down. Of course the constitutional amendment in question was the 17th Amendment. In other words, our free judiciary will not extend the same courtesy to a democratic government that it extended to a military dictator.
The Supreme Court through NRO judgement has hinted at doing away with the concept of presidential immunity by using 2-A of the constitution (read the arguments presented by Court’s favourite lawyers and its insistence on writing a letter against the President). This again will be an utter violation of an earlier judgment of the same Supreme Court which held that every article of the constitution had equal power and that only subordinate legislation may be affected by a constitutional provision. After all how do you reconcile the equality before law as promised the constitution with the bar on president and prime minister being only Muslims?
However there is one thing that the Supreme Court hasn’t considered. It was restored through the executive order of the current Prime Minister and not through any constitutional amendment. Push comes to shove, the federal government may well be forced to withdraw the executive order. Now that would put our heroic judges in quite the pickle won’t it? Would they support a military coup then? Well given the history of judicial sommersaults we can expect anything. Let’s hope this time history will not repeat itself..