Some political leaders are hoping against hope that the Supreme Court shall order army to ensure that orders issued by it are implemented in letter and spirit. We should not forget that the present set up of government is fully democratic and armed forces are no more independent and the army chief at his own can not take any action unless ordered by the President or PM.
Article 190 of the constitution states, “All executives and judicial authorities shall act in aid of Supreme Court.” There is no mention of army being called directly by the Supreme Court whereas article 245 binds the armed forces, “The armed forces shall under the directions of the federal government, defend Pakistan against external aggression or threat of war, and subject to law, should act in aid of civil power when called upon to do so.”
Likewise, any aggrieved person can knock the doors of higher judiciary to seek justice as per law. The government and judiciary both have their independent functions and no one can interfere with each others’ authority.
But once a decision is given by the court, it has to be implemented first and then remedy to be sought if not implemented. Very strange that PML(N) has openly come in support of judiciary to take advantage of the situation as they are also having confrontation with the federal government. It will be in the interest of the country and the judiciary to leave them alone as they have complete authority to handle any situation without anybody’s help.
Our leadership must understand that Pakistan is engaged in a war against an enemy which is nowhere and everywhere. Law enforcement agencies are busy in fighting this unending war inside and on the borders rendering great services and sacrifices. Under these circumstances the leadership should show some maturity to avoid collapse of institutions and damage to the system as it will be in nobody’s interest.
LT COL (Retd) MUKHTAR AHMED BUTT