On Saturday, Chief Justice Iftikhar Muhammad Chaudhary took suo motu notice against President Asif Ali Zardari’s decision to elevate Lahore High Court Justice Khwaja Sharif to the Supreme Court bench.
The Chief Justice had earlier recommended that Justice Saqib Nisar be made a judge of the Supreme Court, and so convened a three-member committee to hear why the government has made different appointments.
What impact will another judicial crisis have in Pakistan? Do you think a tussle between the executive and the judiciary will lead to greater political instability? Is this showdown distracting from other pressing national issues?
The following reader comments do not necessarily reflect the views and policies of the Dawn Media Group.
I think President Zardari should avoid the confrontation with judiciary and work within constitutional limits, our country can not afford any further deadlock and turmoil.
Government should have to focus on the miseries and the problems of the people of Pakistan, president Zardari have to consider the recommendation of CJ, as it is constitutional obligation to consider the CJ recommendation regarding the appointments of the Judges.
The solution for the present crisis is that first of all the opposition needs to stop from politicizing a legal battle. The lawyers should also stop agitating and should not influence the Supreme Court.The Supreme Court must clarify the procedure for the appointment of judges by laying down clear rules.Finally, the government must accept in good faith whatever the Supreme Court decides in the matter and implement it fully. That alone will serve the interests of democracy.
Don’t you think the rules are clearly laid down in the constitution.
Like others have already mentioned the seniority principle should be adhered to. I think that the summary sent to the president by the CJ was indeed the ‘consultation’ required by the constitution. Consulting, by definition means to seek opinion or advise which is ofcourse non-binding.
Assuming that the Constitution requires the President to consult the Chief Justice of Pakistan for appointing justices to various courts, one may ask, does the President have to comply to the wishes or recommendations of the Chief Justice all the time? If it were so, the Drafters of the Constitution would have given such powers (i.e. appointing the Justices) to the Chief Justice. The fact that the Drafters of the Constitution gave no such powers to the Chief Justice and decided to leave such powers with the President (Checks and balances in a democratic set-up), it would be reasonable to assume that the Drafters of the Constitution not only desired but expected the President to use his/her independent judgment when making such decisions/appointments. Unless the Constitution gave any powers to the Chief Justice or the Supreme Court to override the decision of the President in such matters, the decision of the Supreme Court would appear out of place (Unconstitutional). It would appear that the President only exercised powers extended to him by the Constitution.
I hope that His Excellency President Zardari is given some space to maneuver instead of being put on ropes all the time. I hope the President does not reach to a point where the cost becomes irrelevant to him and his followers to the detriment of Pakistan’s unity. I sincerely believe the President, Chief Justice honorable Iftikhar Mohammad Chaudhry, and former Prime Minister honorable Nawaz Sharif need to come to some amicable solution through negotiations and stop public humiliation of the people of Pakistan in comity of nations.
Judiciary is indeed prime institution. But judicial interventions in democracy does not augur well for the country. His Excellency president should not shown struggling president. Judicial inter visions shows how fragile the president in Pakistan is, if he is not a military person.
I think the situation is getting very worse. As per my opinion both the presidency and the judiciary are not doing a good job and are not behving responsibly at all. Both should remain in their legal and constitutional limits. Neither the judiciary not the government has done any thing for the betterment of this country and its people. Me, my family and friends are very worried about the future of Pakistan. Allah Bless us all.
The both should drive in their lanes and do not cross lines. They will not harm to people and the country. Once this crossing into each other lanes becomes a habit and pride, then the real trouble will start.
I think the most important question here is that “can our country afford any further turmoil than what we are going through” ? i think any pakistani can answer this then why our leaders ignore,we are already dependant on external flows from IMF and other countries and instability in politics and judiciary will aggrevate our already weak economy.
It’s time the black coat realized that by chanting slogans and resorting to unlawful, unsavory, unconstitutional and uncivilized ways to vent their anger and disapproval against the executive will not help matters; it will only exacerbate the already tense political environment. Lawyers–and the Supreme Court–should prove by their words and actions that it’s a respectable and decent institution whose work it is to provide easy, accessible and cheap justice the teeming millions of hungry, deprived, and suppressed people, rather than coming out onto the streets just like a political party which believes more in mayhem and chaos than resolving all disputes through constitutional and cultured means.
Let us see what is the outcome of the “Judges Appointment Issue” In my opinion the appointment of judges bypassing the Supreme Court was quite un-necessary and an invitation to problems.
AH
I think there is a need to clearly define the roles, responsibilities and authorities of all 3 branches (legislative, executive and judiciary) of the government. If the President does not have the authority to appoint judges and he did so any way then he has crossed the line. In the same manner, if the Chief Justice’s role should be, to define the laws and not to create hurdles in the governance of the state, then he should confine himself in that role too.
President Zardari should learn lesson from his predecessor’s mistakes and take caution while acting on his advisor’s (or team of advisors) advices.
Govt. specially Mr. President took this step intentionally. The reason behind this decision is to become “Mazloom” to show that court is against him, although they know very well that they are doing wrong. They also knew the consequences but they want to use the situation to their favor.
We are still to believe that who is against democratic setup, is this a way to strengthen this setup.
The Constitution grants the right to the President to appoint judges in ‘consultation’ with the Chief Justice and other senior justices. However, this does not give the CJ a veto power over appointments. Taking suo moto cognizance of the matter and suspending the appointment by saying that it “prima facie’ appears to be ultra vireos to the Constitution” hardly lends credibility to the office of the CJ. Not with standing the fact that the CJ has tremendous popularity and ‘politician -bashing’ is a varsity sport in the subcontinent, the CJ’s act seems to have trespassed dangerously into what is, by law, executive domain. For a healthy democracy, the executive, democracy and the judiciary should be careful never to overreach into the other’s space unless something gravely unconstitutional is afoot. The judiciary which is unaccountable to the public should not usurp powers of appointment which the Constitution grants to the Executive. This latest act of the CJ is capable of seeing a dangerous trend wherein the judiciary starts meddling in affairs of the State which are beyond its mandate.
Democracy is not for Pakistan in particular, and for Muslims in general.
If you say the current turmoil is due to democracy then you are wrong it is just because democracy never flourished in Pakistan and in other Muslim countries.
Dear Amjad,
I totally agree with you.
This crying is to save the corrupt, who called himself an innocent. There are others too but lets start from somewhere. The political Shaheeds have to be set aside if we wants to move on.
Not agreed with Mr. Muhammad Shuab.
With due respect,
That is when the problem arises when people start criticizing democracy, democracy is not just a word, it has a huge meaning and it has never prevailed in our country that is why we always under estimate it. At the end, we distribute sweets when martial law is imposed but we never think of the future. All I want to say is no one is doing any good at the moment, everyone is here to seize power, no one cares for the common masses that is why we are discussing such issues which are not concerned with the solutions of our problems. We are so much into this whirlpool of seizing power that we cannot concentrate on the issues related to common people and for the welfare. If we really want to move on, we have to change ourselves first then we have to think about others that what they should be doing.
The current tussle between judiciary and executive is more than fight for appointment of Judges or NRO. It has become personal war for power. Though the Judiciary and executive are two tyres of Vehicle namely state, but in our state they cannot go together since there is no conciliation between them and each of them crossing its limit. Judiciary assumes the Role of Executive when it has ordered about eliminating the Carbon levy. Recommendation for ad hoc appointment of Retired Justice Ramday by cheif justice and it is outright rejection by the President is an other reminder in relation with current rift between the Executive and judiciary. Neither of them doing any thing good for country. There us no justice at the Gross root level. Govt. also failed to deliver basic necessities. Good governance is dream for ordinary people.
I think the chief justice wants a role in politics.
* Why did the Supreme Court initiate suo motu notice in the middle of the night and wrap it up in such haste. Couldn’t they have waited and let the case in through normal legal channels?
* How come the nominated judges refused to take oath and instead vowed to ‘stand beside their chief justice’? Has the Chief Justice become the embodiment of The Law instead of merely the interpreter of it?
* Doesn’t the Chief Justice’s summary sent to the Government suffice as the constitutional requirement of consultation?
Just a few questions!
Dear Adnan, SC reaction is Tit-for-tat. can you tell me why government did not hold the press release till the Monday morning instead of issuing Saturday evening. Certainly, they were not hoping that supreme court will react so sharply and they would gain one or two days for manipulation.
SC reaction was reaction was appropriate and precise.
It was inevitable because corruption and justice cannot subsist together. Zardari and his likes have crossed the borderline and I’m glad that CJP took the timely action to prevent Mr. Zardari & co to further.
Pakistan Zinda Bad and long live our CJP.
The Judiciary should remain impartial and not involve in politics. However, Chief Justice Iftikhar Muhammad Chaudhary seems to get involved in politics in the name of justice one way or another. It is very sad and unfortunate for the justice system in the country when the judiciary is over active and eager to jump into conflicts with the executive branch. Let us hope the judiciary will stay away from politics and do its job of dispense justice. I do agree with Mr. Zahid Khan about the country requiring solutions to the real bread and butter problems instead of wasting its time on these exotic legal theories which should be least of its difficulties at this time. We hope sanity will prevail in the hearts and minds of Pakistani leaders in all braches of its Government.
Trust the CJ, trust the Supreme Court and the Judicial System. Pakistan can be proud of their Judicial System. God Bless.
Pakistan deserves a much better President, and the PPP a better person to lead it.
Free justice guarantees good governance. To a large extent, all matters in a country are related to justice. Though my sympathies are with Pakistan People’s Party, I shout loud and clear that nobody is over and above the justice. Some of our politicians have lived or have done part of their studies in Europe or USA and they know very well that in Europe, when a minister is under an allegation of corruption or bad governance, he resigns immediately from his post in-order to face all charges in the court. He returns to his post only if he is declared innocent by the court after a complete prosecution. If he is found guilty, he goes to the prison.
Goga Nalaik
The whole situation is worsening day by day and it is the fault of both Institutions (Presidency and Supreme Court). The role of GHQ cannot be ruled out in the current scenario. The question is what will happen if Justice Saqib is made the Chief Justice of Lahore High Court, why is it so much necessary to keep Justice Shareef as the Chief Justice. Our judges should be focusing on the core issues of common masses but the situation is its opposite.
In this time when Pakistan is already stuck with other issues, a judicial crisis is the last thing it needs. Why would the president take such a step knowing that it would do nothing but help in creating greater problems for Pakistan? I think the judiciary and the presidency must immediately settle this issue so that the leaders and the judiciary, both can go back to solving the major problems of Pakistan rather than creating more problems for a state that is already in distress. On the other hand, the opposition must also refrain from the political point scoring and passing derogatory remarks for anyone holding a high position in the country.
The weak and the corrupt government including the president have no other choice except to divert the attention of poor, suffering and struggling people of Pakistan from the core issues that need to be resolved immediately. It is exactly like focusing attention on elections than helping the needy people in Haiti. The country’s economy, insurgency, infra-structure, security and law and order situation are at parallel to Haiti’s earthquake and the corrupt leadership is busy finding ways to create more and more problems both in the administrative and economic structure of the country so that they can hold on to there positions.
Of course it will lead to instability. I am not a PPP fan but the president has every right to appoint judges and the chief justice is I believe is going out of his way to create a tussle. This is wrong. Let the president do his job and stop blaming him for everything. Believe me I am no fan of Zardari but for Gods sake don’t make a crisis. Aren’t we suffering enough. We have more pressing problems. Let the govt. focus on them. The chief justice is bound by the constitution and he should not interfere with the executives functions. How can you expect the govt. to function if every time it does something the chief justice takes suo moto notice of everything.
It’s just natural. As the half century tradition of judicial submission to executive and legislature is now changing and the change resistence is then obvious. It’s difficult to gulp down for executive and legislatures that they are accountable and they have to work as authorized by law.
Judiciary must continue the way and must dispense justice in speedy way. All previous benificiaries must realize the changing and factual position. if needed, judiciary must assert it with full power.