Reservations abound
Looking at the immediate reactions to the Supreme Court verdict on the maintainability of the memo case, one is led to conclude that the decision could turn out to be one of the most contentious in Pakistan’s history. All the more so because it comes at a time when a fragile elected government is trying hard to complete its tenure while warning that the military cannot act like a state within a state. The decision raises the issue whether judges should strictly interpret the law while keeping their eye shut to extraneous concerns like national security, particularly when these are hotly agitated in the media. The detailed judgment will be read carefully to find whether it has implications for media which often takes up ‘sensitive’ issues for discussion and debate. In case, the probe concludes that the document was genuine and was conceived by someone in power, this would have serious ramifications for the government. If the memo is found to be a hoax, this would indicate how a mischievous person can waste hours and days of the highest court in the country.
The verdict has been welcomed by the petitioners’ lawyers. It has however been strongly criticised by some of the respectable figures in the legal community. Foremost among them is Asma Jahangir who besides being a former President of Supreme Court Bar Association is recognised as an ardent supporter of an independent judiciary. She is also known as an outstanding champion of human rights in the country. Another critic is Advocate Tariq Mehmud who was in the forefront of the struggle for an independent judiciary.
Asma thinks that the verdict brings the civilian authority under the military establishment and gives the national security more priority than fundamental rights thus compromising an individual’s right to justice. Both Asma and Tariq Mahmud opine that the court had given the petitioners more relief than they had asked for. What is required now is for everyone to accept the decision and wait for the detailed judgment to have a better understanding of the verdict.
