Pakistan’s political landscape is a complex web of power struggles, where the rule of law is often compromised in the Game of Thrones. The judiciary once hailed as a beacon of hope, has become a mere spectator as the executive and legislative branches engage in a tug-of-war. The fragile rule of law is trampled upon, leaving the nation to suffer the consequences.
The Rise of Judicial Activism
The lawyers’ movement of 2007 was a watershed moment in Pakistan’s judicial history. Led by Chief Justice Iftikhar Muhammad Chaudhry, the movement asserted the judiciary’s independence and paved the way for judicial activism. However, this activism has become a double-edged sword, used to further political agendas rather than uphold the rule of law.
The Supreme Court’s verdict in the contempt case against Prime Minister Yousuf Raza Gilani in 2012 marked a significant turning point. Gilani’s conviction and disqualification sent a strong message – no one was above the law. However, this verdict also set a dangerous precedent, where the judiciary began to overstep its constitutional mandate.
Landmark Cases and Interventions
The Panama Papers Case (2017) was a prime example of judicial overreach. The Supreme Court disqualified Prime Minister Nawaz Sharif for corruption and money laundering, citing the infamous Panama Papers leak. While the verdict was hailed as a victory for accountability, it marked the beginning of a dangerous trend where the judiciary has become a tool for political engineering.
The Faizabad Dharna Case (2017) saw the Supreme Court broker a peaceful resolution, but at what cost? The deal struck with the Tehreek-e-Labbaik Pakistan (TLP) emboldened extremist groups, undermining the rule of law and compromising national security. The judiciary’s failure to protect human rights and uphold the Constitution has perpetuated violence and discrimination.
The Justice Qazi Faez Isa Case (2020) exposed the judiciary’s vulnerability to political pressure. The presidential reference against Justice Isa was a blatant attempt to intimidate and compromise judicial independence. The judiciary’s selective approach has allowed corruption to flourish, with high-profile politicians escaping accountability.
The Compromised Rule of Law
The judiciary’s selective activism has created a culture of impunity, where the powerful are protected, and the weak are persecuted. The rule of law is trampled upon, and the nation suffers the consequences:
- Accountability and Corruption: The judiciary’s selective approach has allowed corruption to flourish, with high-profile politicians escaping accountability. The Panama Papers Case is a prime example of how the judiciary disqualified Nawaz Sharif but failed to hold others accountable.
- Democratic Governance: The judiciary’s interventions have undermined democratic norms, perpetuating political instability and chaos. The Supreme Court’s verdict in the Gilani case marked a significant turning point, where the judiciary began to overstep its constitutional mandate.
- Institutional Balance: The judiciary’s overreach has disrupted the delicate balance of power among institutions, allowing the executive and legislative branches to dominate. The Supreme Court’s verdict in the Panama Papers Case is a prime example of how the judiciary overstepped its mandate and disqualified a sitting Prime Minister.
- Protection of Human Rights: The judiciary’s failure to protect human rights has emboldened extremist groups, perpetuating violence and discrimination. The Faizabad Dharna Case is a prime example of a case in which the judiciary failed to protect human rights and uphold the Constitution.
Conclusion
Pakistan’s rule of law is a fragile entity, compromised by the very institutions meant to protect it. The judiciary’s selective activism has become a tool for political engineering, undermining democratic governance and perpetuating corruption. It’s time for the judiciary to reclaim its independence and uphold the rule of law rather than playing a pawn in the game of power. Only then can Pakistan hope to achieve actual democratic governance and protect the rights of its citizens.
The way forward is clear:
- The judiciary must reclaim its independence and uphold the rule of law.
- The executive and legislative branches must respect the judiciary’s constitutional mandate.
- The nation must demand accountability and transparency from its institutions.
- The rule of law must be upheld, and human rights must be protected.
Only then can Pakistan hope to achieve true democratic governance and protect the rights of its citizens. The fragile rule of law must be protected, and the nation must demand accountability from its institutions. The game of power must end, and the rule of law must prevail.
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