The government on Wednesday sent a clear message to the judiciary that all state institutions must act within their constitutional limits and the given framework, as the federal cabinet resolved to uphold the dignity of all institutions and protect the rule of law and authority of the federation.
Avoiding a direct message from the prime minister, former law minister Dr Babar Awan, who does not holding any ministerial position, was invited to the cabinet meeting and spoke at length using at the highest governmental forum, while his opinion and remarks were officially issued to the media, suggesting it was a message from the executive to the judiciary. Against the backdrop of
the Supreme Court’s orders in the NICL and Haj scam cases, Awan said the government had never interfered in the matters of judicial and essential services postings, transfers and appointments.
“The government can neither appoint nor can dismiss a judge of a constitutional court through a notification except the mechanism given in various articles of the constitution,” he said. Awan said the government would uphold the rule of law and “separation of powers of the executive from the judiciary”.
A source told Pakistan Today that Awan also read out the clauses of the constitution about the difference between the executive and judicial powers, saying the PPP-led government had gone an extra-mile to implement court orders.
“However, Awan told the meeting that several officials were summoned and coercive measures were used to get the court decisions implemented by bypassing the powers of the executive. In the case of Establishment Secretary Sohail Ahmed, Awan said the court had pressurised him to the extent that he did not even inform the prime minister, the chief executive of the country, and issued transfer orders of FIA official Hussain Asghar,” the sources said.
Awan said Sohail was so under pressure that he even did not contact the prime minister over telephone, although he had twice sent the summary to PM Gilani for transferring the FIA official back from Gilgit-Baltistan. “But since Prime Minister Gilani was not in the city, Sohail himself issued the order by bypassing the chief executive,” the source added.
He said Awan held the court responsible for bias against the federal government, saying despite being repeatedly informed, the apex court did not take up the illegal postings by the Punjab government, where people like Tauqir Shah and former IGP Rana Maqbool were calling the shots despite being wanted by law enforcement agencies in various cases.
“When Awan got emotional and went on to say that the PPP government was directly elected by the people and was only accountable to the masses, not to some biased person, the prime minister intervened and told Awan to end his briefing. Gilani told the cabinet that the government did not want confrontation with any institution, only wanted all institutions to follow the law and work within their own limits. He said the Establishment Division was under his command and there was a laid down procedure of transfers and postings and no decision could be implemented overnight and by bypassing him,” the source said.
Awan explained the details of the judgments of the Supreme Court delivered on privatisation, power projects, sugar price hike, NICL, NRO, NAB and appointment of ad hoc and the removal of PCO judges. The former law minister said the federal government had implemented 100 percent judgments of the apex court. In a press briefing later, Information Minister Firdous Ashiq Awan turned down the notion of a confrontation between the executive and the judiciary, saying all such claims were mere speculation.
Meanwhile, talking to parliamentary secretaries at the PM’s House, the prime minister said those who wish a clash between the institutions will be disappointed. He said the elements which wanted a clash among institutions continued to make such statements from time to time, adding that people were fed up with them.
He said the elected government knew how to resolve complex national issues.
The prime minister said the judiciary, executive and parliament were part of the constitutional system. “All institutions will collectively strengthen the system,” he said. He said restoration of democracy owed itself to a nine-year-old strenuous struggle and supreme sacrifice of Benazir Bhutto and “we would not let it go to waste”.
He said if all state institutions worked within their constitutional ambits, democracy would flourish in the country.
“Those who spread despondency are doing no service to democracy,” he said.
After committing stern crimes like endorsing Musharraf’s rule, Iftikhar Chaudhry played a trump card of judicial freedom and betrayed people. Finally he succeeded in his efforts befooling the nation. Soon after his restoration, he started steering footsteps of his predecessors. Using all the tactics, he along with his goon, threatened the government sometimes in the name of NRO and sometimes indulging in Executive’s function. He is the symbol of justice but never dispensed it. But it was not a wonder, how a person himself violating the sacred document, the constitution of Pakistan, can dispense Justice.
Constitution of Pakistan clearly cites that every pillar of state should function within its ambits, but after the political maneuvering of Justice Iftikhar Chaudhry it seems to decipher it again. Iftikhar Chaudhry has surpassed even his predecessors; he is clearly intending to grab the powers of executive also. The recent decisions of suspension of Zafar Qureshi’s transfer and interfering in the authority of Prime Minister, leaves no ambiguity that Judiciary is violating constitutional wires.
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