Judicial Crisis in Pakistan: A Battle Over Power and Transparency

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 The Supreme Court of Pakistan is currently witnessing a significant internal conflict between senior judges, centered around Chief Justice Qazi Faiz Isa’s actions regarding judicial appointments and case reviews. At the heart of this issue is a letter written by Justice Mansoor Ali Shah, a highly respected judge and future Chief Justice, addressing serious concerns about the Chief Justice’s handling of the Practice and Procedure Act.

Background: The Formation of the Committee

Under the Practice and Procedure Act, a committee was established to oversee which benches hear which cases, as well as to manage case reviews. Initially, this committee comprised the Chief Justice, the Senior Puisne Judge, and the third most senior judge of the Supreme Court, Justice Muneeb Akhtar. However, the situation became controversial when, Justice Muneeb Akhtar, the third most senior judge at the time, was removed from the committee by Chief Justice Qazi Faiz Isa. He was replaced by Justice Aminuddin Khan, a decision that sparked serious tensions within the court.

Justice Mansoor Ali Shah’s Letter

Justice Mansoor Ali Shah’s letter outlines his objections to this move, criticizing Chief Justice Qazi Faiz Isa for undermining judicial transparency. Shah argues that the Chief Justice acted unilaterally, without consulting other judges or following the established process. Key points raised by Justice Shah include:

  1. Unjust Removal of Justice Muneeb Akhtar: Shah questioned why Justice Muneeb Akhtar, the third most senior judge, was removed from the committee without any clear reason, calling this decision undemocratic and an abuse of power.

  2. Refusal to Participate: Shah refused to participate in the committee until Justice Muneeb Akhtar was reinstated or until a full court meeting was convened to discuss the legality of the changes made to the committee’s structure.

  3. Accusation of Cherry-Picking: Shah accused Chief Justice Qazi Faiz Isa of cherry-picking judges for the committee, leading to a breakdown in transparency. He likened this behavior to a dictatorship within the judiciary, where one man holds all the power.

Government Interference and Threat to Separation of Powers

This judicial crisis is exacerbated by increasing interference from the government and parliament in judicial matters. The government has been pushing the narrative that parliament holds authority over the judiciary, challenging the very foundation of the separation of powers. Such claims not only jeopardize the independence of the judiciary but also undermine the constitution.

The separation of powers is a cornerstone of any democratic system. The judiciary, executive, and parliament each play distinct roles to ensure balance and prevent any single branch from becoming too powerful. However, the current actions of the government signal a direct threat to this balance. By interfering in judicial appointments and procedures, the government is weakening the independence of the judiciary.

Chief Justice Qazi Faiz Isa’s actions seem to align with the government’s stance, raising concerns that the judiciary is becoming more of an extension of the executive rather than an independent body. Justice Mansoor Ali Shah’s letter, therefore, can be seen as a stand not only for judicial transparency but also for protecting the independence of the judiciary from political influence.

Conclusion

Pakistan’s judiciary is at a crossroads. The internal tensions between Chief Justice Qazi Faiz Isa and Justice Mansoor Ali Shah reflect deeper issues within the country’s legal system. At the same time, the growing interference of the government in judicial affairs threatens the very foundation of the separation of powers. In these challenging times, it is essential that Pakistan’s judiciary remains independent and transparent, ensuring that the rule of law is upheld without undue influence from the executive or parliament.

The idea that parliament is above the judiciary is not only incorrect but dangerous. Maintaining a clear separation between these powers is vital for the stability and integrity of Pakistan’s democracy.

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