Absolute lull prevailed in the federal capital on Monday after the Supreme Court adjourned sine die the hearing into the matter that raised dust following media reports that the government was considering de-notifying the judges restored on March 16, 2009 through an executive order.
October 18 also passed like October 13. Prime Minister Yousaf Raza Gilani’s address, apparently to the nation but actually to the judges, seems to have worked contrary to the expectations of many who were expecting a blow-out. The argument that he had built in his 30-minute address, despite digressing from the real issue most of the time, was, “My words and action speak equally loud.”
The attorney general informed the 17-member bench that the court’s order had been communicated to all state functionaries, administrative heads and the compliance report had also been sent to the SC registrar. This restricts all those who could or would act on the government’s directions, if it is or was the case, from de-notifying the executive order as it will be considered subversion of the constitution. The concern of the court is addressed and the move to de-notify, if it was really planned, stands preempted.
The attorney general conveyed to the bench the government’s resolve not to furnish a written statement signed by the prime minister and it was not insisted upon. However, the case was disposed of by a binding order under Article 189 read with Article 190 of the constitution and left it to the sweet-will of the prime minister to submit the statement or not. Article 189 says, “Any decision of the Supreme Court shall, to the extent that it decides a question of law or is based upon or enunciates a principle of law, be binding on all other courts in Pakistan.”
Article 190 says, “All executive and judicial authorities through out Pakistan shall act in aid of the Supreme Court.” With Article 189, the Supreme Court has bound all courts in the country to adhere to its judgement of July 31 wherein the question of law regarding the judges’ removal and reinstatement was addressed. With Article 190, the Supreme Court has made it clear to all executive (including the armed forces) and judicial authorities to act in its aid if its orders are not obeyed.
Article 190 is the tool that the Supreme Court can use and ask the armed forces to help implement its orders. Although it, if such a situation arises, it will happen for the first time, the invocation of this article of the constitution suggests that there is a feeling that the court’s orders are not being implemented and in this particular case there is a clear apprehension that the government may attempt to de-notify the judges or take the judiciary head-on.
While the government denied that there was any intention or had a plan to de-notify the judges, the prime minister’s assertion in his address that if someone made it a “personal war”, the government would also have to rethink, was not just a passing remark. Rethink what? This certainly implies that in case the judges turned the situation into a personalised war between the executive and the judiciary, then the prime minister might “rethink” over what he had refused to follow despite the advices, which had also referred to in his address. The lull after the storm may turn out to be a proverbial lull before the storm.
