Ju­di­ciary-ex­ec­u­tive re­la­tions

The Financial Daily - - NATIONAL - Mukhtar Ahmed Butt

Al­though role of ju­di­ciary and ex­ec­u­tive is well de­fined but over the years like civil mil­i­tary re­la­tions these two strong arms of the state ap­pear also not to be on one page. But be­fore dwelling on this im­por­tant sub­ject it is very im­por­tant to un­der­stand the role of var­i­ous pil­lars of state that con­tinue to be in con­flict in spite of clear cut red lines de­fined in the con­sti­tu­tion of Pak­istan. As the things are mov­ing it ap­pears that this will fur­ther widen the gap be­tween var­i­ous in­sti­tu­tions of the state. There have been two fa­mous in­ci­dents in re­cent past when DPO of Pak­pat­tan was re­moved by Chief Min­is­ter Pun­jab on po­lit­i­cal con­sid­er­a­tions for which sou motto was taken by Chief Jus­tice of Pak­istan. Now in se­cond in­ci­dent IG Is­lam­abad was re­moved on ver­bal in­struc­tions of Prime Min­is­ter Im­ran Khan as dis­closed by Es­tab­lish­ment Sec­re­tary while ap­pear­ing in suo motto taken by Chief Jus­tice in which Supreme Court sus­pended no­ti­fi­ca­tion of Is­lam­abad IG who was trans­ferred not pick­ing phone of Se­na­tor Azam Swati. If we had just cared to act on the ad­vice given by our Quaid the founder of Pak­istan such sit­u­a­tions would have never arisen. In this con­text it is per­ti­nent to quote what Quaid said about civil ser­vants

Quaid-e-Azam Muham­mad Ali Jin­nah made an ad­dress to civil of­fi­cers in Pe­shawar in April 1948, in which he said "'The rea­son why I am meet­ing you is that I wanted to say a few words to you who are oc­cu­py­ing very im­por­tant po­si­tions in the ad­min­is­tra­tion of this prov­ince. The first thing that I want to tell you is that you should never be in­flu­enced by any po­lit­i­cal pres­sure, by any po­lit­i­cal party or any in­di­vid­ual politi­cian. If you want to raise the pres­tige and great­ness of Pak­istan you must not fall vic­tim to any pres­sure but do your duty as ser­vants of the peo­ple and the state, fear­lessly and hon­estly.

The ser­vices are the back­bone of the state. Gov­ern­ments are formed. Gov­ern­ments are de­feated. Prime Min­is­ters come and go, min­is­ters come and go, but you stay on. There­fore, there is a very great re­spon­si­bil­ity placed on your shoul­ders. You should have no hand in sup­port­ing this po­lit­i­cal party or that po­lit­i­cal party, this po­lit­i­cal leader or that po­lit­i­cal leader. This is not your busi­ness, Whichever govern­ment is formed ac­cord­ing to the con­sti­tu­tion, and who ever hap­pens to be the prime min­is­ter or min­is­ter, com­ing into power in the or­di­nary course, your duty is only to serve that govern­ment loy­ally and morally but, at the same time, fear­lessly, main­tain­ing your high rep­u­ta­tion, your pres­tige, your honor and the in­tegrity of your ser­vice. If you start with that de­ter­mi­na­tion, you will make a great con­tri­bu­tion to the build­ing up of Pak­istan of our con­cep­tions and our dream-a glo­ri­ous state and one of the great­est na­tions in the world.

The crux of this speech is that never bows down against the pres­sure and do your duty hon­estly and be able to stand by your ac­tions by giv­ing sup­port­ive ev­i­dence. But we have seen that any­one who tried to work on the prin­ci­ples set by our Quaid ul­ti­mately suf­fers in the shape of his trans­fer or made of­fi­cer on spe­cial duty or loses his job. Al­though this ad­dress was made at Pe­shawar but it was equally ap­pli­ca­ble to all the of­fi­cers of the other prov­inces. Putting pres­sure on ser­vice peo­ple is very com­mon fault of politi­cians and those with in­flu­ence in po­lit­i­cal par­ties, but you have to face such sit­u­a­tions. Say no in hum­ble and re­spect­ful man­ner in the bar­gain you may be put to trou­ble not be­cause you are do­ing any­thing wrong but be­cause you are do­ing right. Face it boldly and seek rem­edy from courts. The ju­di­ciary in any coun­try is the cus­to­dian of con­sti­tu­tion and guar­an­tor of the fun­da­men­tal rights of the peo­ple.

We have seen how the in­cum­bent CJP Jus­tice Mian Saqib Nisar took a large num­ber of Sou Moto ac­tions on a va­ri­ety of is­sues rang­ing from the con­tam­i­nated drink­ing wa­ter ' sub­stan­dard, rape-cum-mur­der in­ci­dents of mi­nor girls, il­le­gal con­struc­tions, block­ade of roads for VVIP move­ments, se­cu­rity bar­ri­ers in pub­lic streets, Ax­act fake de­gree scam, laun­dered money of Pak­ista­nis in for­eign ac­counts, sale of sub­stan­dard and ex­pen­sive coro­nary stents, high fees charged by pri­vate med­i­cal col­leges, me­dia spend­ing, and non­pay­ment of dues of me­dia em­ploy­ees, ads for per­sonal pro­jec­tion, lack of health fa­cil­i­ties at pub­lic hos­pi­tals, po­lice en­coun­ters in Pun­jab etc. In fact, the chief jus­tice of Pak­istan is on a mis­sion which is widely in the in­ter­est of the com­mon masses, the cit­i­zens of Pak­istan. The mat­ters which Chief Jus­tice has at­tended are the ex­clu­sive do­main of the ex­ec­u­tive but that was not be­ing per­formed. Be­cause of these ini­tia­tives, a sec­tion of so­ci­ety is crit­i­ciz­ing the hon­or­able Chief Jus­tice for in­ter­fer­ing in the do­main of ex­ec­u­tives that is not cor­rect be­cause the gap has to be filled by some­one in this case it is the Chief Jus­tice of Pak­istan him­self came to res­cue of com­mon man.. When Chief Jus­tice can face such odds I am sure our bu­reau­cracy can also han­dle politi­cians

Law of the land is supreme there­fore all in­sti­tu­tions must work in their own boundaries with full author­ity and no one should ever try to cross the red lines, every­one should fol­low rules and reg­u­la­tions and proper pro­ce­dure. For us­ing dis­cre­tion it has to be within the lim­its of con­sti­tu­tion. We are glad that our Supreme Court is act­ing as cat­a­lyst it has oth­er­wise be­come es­sen­tial in the ab­sence of Ar­ti­cle 58(2) (b).

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