Criticism from legal quarters
While some of the observations made by the judges during the hearing of the Memo case had caused unusual concern in the PPP quarters, other matters have invited criticism from the legal community. Babar Awan’s contention that the federation was not given a chance to present its position on the case before deciding to admit it has now been repeated by the Attorney General. A press release from his office clarifies that he did not represent the federal government on Thursday but had appeared on a court notice. In other words, the federation remained unheard at a crucial moment in the progress of the case which is against natural justice. Efficiency in pursuing cases is praiseworthy provided it is not seen to be depriving anyone of his rights.
Other complaints have been voiced. A PBC committee has maintained that entertaining the petition amounted to one institution interfering in the turf of another which is against the concept of the trichotomy of power enshrined in the constitution. The committee’s plea is that the parliamentary committee on security had already been assigned the task to look into the matter and was the best forum to address the issue which has political ramifications. Many among those who want democracy to flourish in the country would readily agree that in a country where military intervention has hampered the development of institutions, there is all the more need to encourage parliamentary committees even if they move relatively slowly. Outside intervention in their sphere would stand in the way of their natural growth.
Asma Jahangir has maintained that the judiciary is media-driven and that it has to acquire a moral authority by eliminating what she calls the sentiment of discrimination from all its decisions. The people of Pakistan had felt relieved with the restoration of an independent judiciary. They expect that the apex court would jealously guard its well earned reputation. The court has to realise that public perceptions matter a lot as indicated in the adage, “Justice should not only be done but also seen to have been done.”
The Attorney General of Pakistan is its chief law officer and that is the only office he holds or represents whenever called by Supreme Court of Pakistan. He was present in the SC alongwith Babar Awan. All this is an after thought. It is the Fed Govt which has deprived FIA of all credibility by politicizung it and making it redundant as an investigating agency just as it did in NICL case recently. If the US Supreme Court can order appointment of a Special Public Prosecutor to investigate alleged excessess committed by President Nixon inspite of his immunity, why not in Pakistan, unless we think our President is a monarch or an emperor.
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