- Let’s reform the judiciary as well
The Chief Justice of Pakistan Mian Saqib Nisar has been in the limelight for some months, for more reasons than his job entails. The prominence has been primarily attained because of his idea of crowd funding the construction of Mohmand and Diamer Bhasha dams. This demand has been followed by the CJP urging people to come forward and donate for the country’s future generations, and bring the largely-agrarian economy out of a natural calamity.
While Nisar is being praised for his relentless efforts in urging all Pakistanis to take concerted efforts for the country’s future, the firebrand nationalist’s truest sentiments seem to be misplaced in the absence of a more concrete plan for construction of these dams.
The whopping amount of PKR1.45 trillion might take forever to raise, during which time the cost will keep increasing. No statement by anyone in the government, or the Muslim Economic Advisory Council has outlined how these funds would be utilised. As is the amount, the stages in the construction of dam/s are variable and require rigorous planning. While we have a cost target that we want to complete the construction somewhere between five to ten years, the timeline for the collection hasn’t been specified as of yet.
Out of the total amount, PKR650 billion has been allocated for the construction of dam, and the rest for power turbines and associated infrastructure, and land acquisition and resettlement. According to some media reports, even if PKR20 million is deposited each day, it would take about 199 years to raise the total amount. And with no means to raise this amount of capital on a daily basis, while the cost also keeps accumulating, the government better be at grips with the whole plan. Crowd funding has worked with the construction of several mosques all around the country, but the sheer magnitude of this project can’t be funded through these campaigns.
Albeit, Prime Minister Imran Khan is known for his robust and dynamic crowd funding schemes, raising capital for the construction of this mega project will indeed be a big challenge. The finance ministry’s proposal for the introduction of dollar-denominated bonds is a move in the right direction that should be implemented right away. This is because similar campaigns of crowd funding during 1979, 1990s and 2005, which collected millions of rupees from people didn’t work out, and this time around too, are at the centre of much debate.
Pakistan’s judiciary is a messy web of non/functionality. There are more than 40,000 pending cases in the Supreme Court; a figure which has doubled during the last five years
While this column can be tried under Article 6 which Nisar has threatened to invoke against all those opposing the construction of dams, there needs to be room for debate. The location of Diamer-Bhasha dam falls on fault lines which doesn’t make it a viable project to be undertaken. Kalabagh Dam controversy is one, under the shadow of which, many like me have grown. The feasibility study of this project has never been debated, outside of political influences, because of which there is very little that is authentically known of this hydel-power project. While the earnest of Nisar is commendable; and speaks volumes for his nationalism in taking all measures necessary to address the water woes of the country – the CJP’s misguided priorities can be termed as actions taken in vain.
Pakistan’s judiciary is a messy web of non/functionality. There are more than 40,000 pending cases in the Supreme Court; a figure which has doubled during the last five years. We haven’t passed any ‘land mark’ legislation that can effectively address peoples’ concerns. Laws protecting the rights of children and women under Child and Women Protection Bill, respectively, haven’t been fully enacted. There are some serious offences, such as necrophilia (a case which surfaced several years ago), which aren’t covered under the ambit of state’s judiciary system. Matters related to marriage and inheritance, property transfers, inheritance, divorce and custody cases are offered little respite by legions of judges and lawyers who don’t even agree on doing the bare minimum, reaching the court on time. Societal plagues of bonded labour still exist in the country. The list is extensive and without any authority supervising, un-exhaustive. In times when the country’s highest court’s verdict can be questioned and undone by the capital’s High Court, we need to know where the judiciary is headed.
With the prime minister on an official visit to the Kingdom of Saudi Arabia recently, the decision is laden with scepticism and has found itself, amidst all grandiose celebrations of Pakistan Muslim League-Nawaz’s celebrations, in utter stupidity.
Perhaps the CJP should climb down from the mountains and see the crowds that have taken over the state’s highest judicial body. While it is true that all of the state’s institutions should work together, the overlapping nature of responsibilities should only occur when the need arises, and not created.
With the same Pakistanis, it is time for the new people in government and institutions to rise up to the occasion and set new precedents. It is time that the CJP does what he should be doing and take concerted efforts to reform the judiciary.
