The judges’ issue and the PML-N’s double standards
I keep wondering about the PML-N’s double standards. While on one side it is trying to play up the issue of the judiciary’s restoration for the populist gains it is also true that it is practically doing nothing in Punjab to do the same. For instance the policy that we all are acquainted with is that the November 2, 2007 measures taken by the president were arbitrary and unconstitutional, hence the parliament or the Chief Executive needs to pass an executive order, a hukam nama, to restore the judges. In short all the Prime Minister has to do is to issue an order to the police to go, remove the PCO judges from the courts and bring back the pre-Nov 2 judges. At least this seems to be the PML-N’s main argument. Why do you need a constitutional amendment to bring back the judges if the then Army Chief’s change never became part of the constitution.
If that is true and makes any sense then the PML-N has power in one federating unit namely Punjab. The President of the PML-N is the Chief Executive of the Punjab Province. In Lahore no official decision can be made without the stated will of Shahbaz Sharif. If that is the case and Shahbaz Sharif really has power in the province, it should have issued an executive order to restore the Lahore High Court judges at the very least. No, the matter is not federal prerogative if it is not constitutional. If the November 2 emergency measures were not constitutional PML-N government needs just to order the police and restore the LHC judges to their benches. Will that happen? I think not. Why? Because I think that the PML-N’s stand is fallacious. Even if the act of November 2 was unconstitutional, the proof of which is that the emergency was imposed by the army chief, there always are such things as unwritten conventions. Even if dictators take arbitrary steps those who believe in the supremacy of institutions need to approach the matter through institutionalized procedures. If a Prime Minister is given the right to sack the sitting Chief Justice and rubbish institutional changes that precede his rule, a pandora box will open without leaving us anywhere. Those who remember Mr Nawaz Sharif’s last rule will understand my point readily. Hence while it is time taking and arduous the PPP’s stand is quite correct and if instead of showing restlessness the lawyers, civil society and the media had shown some trust in the PPP government and would have reinforced its stand rather than pressuring it the matter would have already been resolved. Even now the lawyers marching on Islamabad need to reflect on this and instead of exerting undue pressure on the parliament they should pressure the Presidency. Meanwhile what the PML-N fails to do something for the LHC’s judges its double standards should not escape our attention. Let it be a test for the PML-N government.
Posted on June 13th, 2008 under General • 
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