Pakistan’s Supreme Court

Pakistan Supreme court

Jisko samjha tha khameera woh bhasaaku nikla

It seems the wind has gone out of the sails of the judges on the bench, who have lost their nerve, and now they are trying to wriggle out somehow from their earlier bold and correct stand.

Pakistan Supreme court

High Noon for the Pakistan Supreme Court

By Justice Markandey Katju ” Nahin kuch subha-o-zunnaar ke phande mein geerai   Wafadaari mein sheikh-o-barhaman ki aazmaaish hai ”                                              Mirza Ghalib Today, 19th April, will be the High Noon for the Pakistan Supreme Court, the day when it will be tested for its wafaadaari ( faithfulness ) to the Pakistan Constitution. the day when it will be seen whether it will either enforce the Constitution, or whether it will chicken out, and show it was only paying lip service to it in its earlier verdict that elections to the Punjab Provincial Assembly must be held on 14th May ? Article 224(2) of Pakistan’s Constitution states : ”When the National Assembly or a Provincial Assembly is dissolved, a general election to the Assembly shall be held within a period of ninety days after the dissolution, and the results of the election shall be declared not later than fourteen days after the conclusion of the polls ”. The Punjab Provincial Assembly had been dissolved on 18th January 2023, so in view of the clear mandate of Article 224(2) elections to it should have been held by 18th April. The Election Commission of Pakistan fixed elections for 30th April, which itself was a violation of Article 224(2). But thereafter, obviously under some pressure, it further postponed the elections to 8th October. The Supreme Court of Pakistan rightly declared this unconstitutional, and fixed elections for 14th May. However, the ruling PDM ( Pakistan Democratic Movement ) Government, knowing it will be routed in  the polls ( as all opinion polls indicate ), has said it will not abide by this verdict, and Pakistan’s National Assembly ( dominated by the PDM ) has refused to release the funds for holding the elections as directed by the Court. This being the situation, which is clear contempt of court, the question is what will the Court do next ? Will it show its wafaadaari to the Constitution by sacking the Government for contempt of court ( following the precedent of the dismissal of then PM Yusuf Raza Gilani for contempt of court ), or will…

all parties conference on 20 September 2020 in which pdm was founded (Voice of America, Public domain, via Wikimedia Commons)

The legal developments in Pakistan

At any event, the Court must show that violation of the Constitution and court orders will not be tolerated, otherwise the rule of law will collapse and chaos and jungle raj set in.

Pakistan Supreme court

Golden Jubilee of Pakistan Constitution

In the present charged political atmosphere in Pakistan, and when there is a clear confrontation between the Supreme Court which is determined to uphold the Constitution, and the PDM Govt

Pakistan Supreme court

Is Pakistan heading towards civil war? What is Justice Katju’s opinion?

PDM Govt is under the law, not above it. The supreme law of the land in Pakistan is its Constitution, and Article 224(2) is part of it, which the Supreme Court is duty bound to enforce. It is the Constitution which protects the people of Pakistan in peace and security, and failure to enforce it will lead to chaos, jungle raj, and may even result in civil war.

Justice Minallah

Justice Minallah commits gross impropriety

Justice Minallah has delivered sermons and homilies in his note e.g. that one should not have ego. In fact he reveals his own inflated ego and lack of any sense of propriety by publicly attacking his own Chief Justice, just because he was not kept in the 5 member bench

Has Pakistan descended into a state of Matsya Nyaya? Writes Justice Katju

Article 5 of the Pakistan Constitution says that all citizens are under obligation to obey the Constitution and the laws, and Article 190 says that the executive authorities (which would include the Federal Cabinet) will act in aid of the Supreme Court. But the Pakistan Govt in essence has said it will not comply with these provisions.

Pakistan Supreme court

Pakistan: What is there to decide?

As regards the petition in the Pakistan Supreme Court against the postponement of the elections, the hearing has been going on for the last 5 days, but was there anything to decide?