The Supreme Court of Pakistan seems to be tying itself in knots. Some
recent developments suggest that the learned judges’ exuberance is
creating legal, political and administrative complexities to which even
their collective wisdom might not provide workable solutions.
Ironically, these complexities have emerged from two subjects that have
recently won the esteemed Court’s praise, besides injecting much potency
in its judicial conduct
— one is Balochistan and the second is the
judges’ stern handling of Pakistan’s powerful establishment comprising
civil and military bureaucracy and intelligence agencies. Both matters
are considered twin feathers in the cap of the Supreme Court but now
appear to have raised fundamental questions about the implications of
the judiciary’s handling of sensitive challenges.
The detailed judgment last month that practically declared the Nawab Aslam Raisani government constitutionally unviable,
has unleashed a storm of problems. The federal government has
completely ignored the Court’s order to exercise “all constitutional
options” (read: governor’s rule) to fill the vacuum created by the
Court’s stunning verdict about the Raisani government. The president and
the prime minister of Pakistan have both whole-heartedly endorsed an
admittedly dysfunctional but politically alive and democratically
mandated set-up in Balochistan. Premier Raja Pervaiz Ashraf’s visit to Gwadar
last week has sent the message out to the Court that the man is going
to remain chief minister come what may. Mr Raisani himself has not done a
bad job of seeking complete support from his provincial allies.
Governor Qadir Magsi has also thrown his weight behind the beleaguered
chief minister and refused to either impose emergency or pave the way
for a new leader of the house. The civil administration has gotten back
to its normal work. It is taking orders from the provincial cabinet and
carrying out the directives of the chief minister in letter and in
spirit. The Balochistan government is intact and working, whereas,
according to the Court’s order, it should have been long gone and a new
arrangement should have come up by now.
Would the Supreme Court now turn its judicial push into a shove and
insist that its verdict about the fate of the Balochistan government be
considered final? If they do that, then the same set of judges who have
been hailed as saviours of Balochistan might be cast as its tormentors,
defied and decried by blue-blooded Baloch politicians. But if they
relent and find a middle path, serious concerns would be raised about
the sagacity of their earlier verdict, opening them to the accusation of
making this sensitive province a media plaything. Even if the Court
holds firm and out-of-assembly opponents of the Raisani government start
a street campaign in its favour, this will be a recipe for more turmoil
in an already sad, divided and bloodied part of Pakistan.
The other claim to fame of the Supreme Court — nailing down an
almighty establishment — has also lately come under severe strain. It
has landed the judges in a somewhat awkward situation where the usual
political corners that used to support them on a myriad of concerns seem
to be backing off. This became evident in the judiciary’s critical spat with the generals.
There is hardly any doubt that last week, there was a serious war of
words between General Ashfaq Parvez Kayani and Chief Justice Iftikhar
Chaudhry. Just as doubtless is the fact that the press release from the
ISPR aimed part of its message about national interest
being a reflection of multi-institutional consensus at the Court. The
chief justice’s response was swift. While his meeting with a group of
senior civil servants was planned well in advance and took place earlier
in the day, the released text of the meeting was suitably adjusted to
take care of the message from the GHQ. What is doubtful is whether the
chief justice came out as a sure-shot moral winner from this bout. Most
political parties chose to use General Kayani’s press statement as a
timely reminder for course correction. Even the PML-N issued a measured response
distancing itself from the Supreme Court’s repeated claims that only
the judges can be the final arbiter in all national matters. This is
unusual in times where offering support to the judiciary on all causes
as well as kicking the establishment in the face for the smallest of
reasons has become routine. Perhaps, even most pro-Supreme Court
interests in the system have started to realise that the Court’s
influence has become too massive which, if not hemmed in, could cause
this carefully-mounted system of democracy to collapse before the coming
elections.