Pakistan Today

Cocking a snook at the courts

A confident Sharif looks set for the battle royale

Mian Nawaz Sharif is at it again. The inexorable itch to confront institutions has overtaken him once more. It is almost a matter of compulsion. This time the PM is beginning with the SC. He has already defied the courts thrice. The occasions provided him an opportunity to test the waters. A confident Sharif is now ready for the battle royale. The next move is likely to hit the apex court where it hurts most. After having several brushes with the SC, beginning with the scrapping of the GST increase and the apex court calling aviation advisor to the PM Shujaat Azeem, which led the latter to resign, Sharif is now unhappy with an independent judiciary. Many think he ranted in favour of judiciary during 2008-12 only to keep the PPP under pressure. Now that he is in power, he wants docile courts.

To proceed chronically, chairman NADRA and chairman PEMRA were dismissed in violation of law to appoint officers of government’s own choice. The courts restored them but the government forced NADRA chief to resign and withdrew powers of the PEMRA chief. Similarly Chairman Pakistan Cricket Board, Ch Zaka Ashraf, appointed in 2011 and removed by IHC single-member bench in 2013, was restored by the IHC division bench. He was then again removed by Sharif acting as patron of the PCB while the federal government is in appeal against the verdict in SC. The three incidents amount to cocking a snook at the courts.

The NADRA chief Tariq Malik came under shadow when an Election Tribunal directed NADRA to verify the thumbprints in some of the Lahore constituencies where elections of important PML-N leaders were challenged by rivals. The NADRA chief’s family received threatening letters and phone calls to dissuade him from pursuing the enquiry. As Malik refused to oblige, Ch Nisar promptly ordered his removal without any show-cause notice. Malik was, however, reinstated by IHC the next day. After a few days immense pressure through FIA and other agencies forced him to resign.

The PEMRA Chairman Rashid Ahmad was similarly dismissed in violation of law. The next day the IHC reinstated him. Finally all powers were withdrawn from Rashid Ahmad. Zaka Ashraf who had been elected by the electoral board was removed by the prime minister through sheer tour de force despite the court having declared him a lawfully elected chairman.

The media is now abuzz with reports regarding the government preparing to introduce a constitutional amendment to reign in judiciary. It is maintained that PM is unhappy with independent judiciary for challenging the contentious decisions of the regime. The 18th and 19th amendments have given more powers to judicial committee than the parliamentary committee in the appointment of judges. Sharif wants new amendments to tilt the balance in favour the parliamentary committee. Through this he hopes to be in position to pack the courts with judges of his choice. The judiciary which has struggled hard to gain independence is not likely to surrender it again.

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