Sparring with the SC

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Following orders was never this hard

 

The ongoing confrontation between the government and the SC needs to be urgently called off. One side is invoking the doctrine of separation of powers, the other relying on Article 190 of the constitution. A number of opposition parties have come out in support of the judiciary leading Babar Awan to cry foul. Mian Shahbaz Sharif has threatened the PPP-led government with direct action for violating superior courts’ verdicts. Imran Khan has called on the army to ensure the implementation of the apex court’s orders. The bureaucracy meanwhile finds itself caught in crossfire. Deprived of constitutional guarantees that once provided it security, bureaucrats are damned if they carry out the orders from above and damned if they don’t. This has spread despondency in their ranks.

The executive and the judiciary are two major pillars of the state. Since the revival of the democratic system, both are jealously guarding their respective turfs. While a little tiff here and there would be considered normal, the sort of all out standoff one sees taking place is highly detrimental for the system. Prime Minister Gilani has to realise that a crisis of the category one sees unravelling cannot be wished off through dilatory tactics or empty assurances. The SC has given the government a day’s deadline to reinstate the establishment secretary who was made an OSD for complying with the SC’s orders. The executive is constitutionally bound under Act 190 “to act in aid of the SC.”

Of all the players, the government has the biggest stake in the system. In March next year, it hopes to gain majority seats in the Senate. It has built up alliances providing it confidence to make major gains in the local bodies elections. With the opposition remaining disunited, the PPP and its allies stand to fare well in the elections a year and a half from now. It would be unadvisable on its part to fritter away its energies on avoidable confrontations. The best way out is to gracefully abide by the SC’s directives, reinstate secretary establishment and bring back the team investigating the Hajj and the NICL scams. The government leaders maintain their hands are clean. What is the need then to confront the SC and jeopardise the system?