The government remained lucky in 2015 in terms of facing wrath of the courts because of the lingering tactics of the federal and provincial law officers while dealing with mega projects and matters of ruling party’ parliamentarians.
Both federal and the provincial law officers ‘used best delaying tactics’ instead of coming up with latest reports about any project or case which could have been against the ruling party.
It was Lahore High Court which set aside ‘Sahiwal Coal Power Project’ and as the matter came into the knowledge of Punjab Chief Minister Shahbaz Sharif, he took serious notice of the incapability of the Punjab Law Officers saying that ‘why they could not defend the government projects’. However, later the project was restored by the court.
The law officers of Punjab remained under huge pressure from the government, particularly from the Punjab Chief Minister Shahbaz Sharif. It was the result of the pressure that Advocate General Punjab Hanif Khatana resigned from the office.
Lingering on the matters was the best ‘principle’ that helped the government to maintain its 'credibility' as it was observed in the case of Speaker Punjab Assembly Rana Muhammad Iqbal, who was appointed as acting governor of Punjab. The government tried its best to delay the matter till it succeeded to appoint a Governor due to which the petition against the acting governor became in-fructuous and finally, the lawyer-petitioner withdrew it.
Even if some leaders of the ruling party faced any set back in any case they successfully got stay order against it as Khwaja Saad Rafiq and Siddique Khan Baloch did in their cases.
Among the land mark decisions of the LHC, the decision against the Signal Free Corridor was a great decision. It was Justice Syed Mansoor Ali Shah of the LHC who nullified the whole project initiated by the Lahore Development Authority (LDA). The Punjab government suffered a major blow to its uplift projects drive after the Lahore High Court scrapped the 7km long signal-free corridor from Qartaba Chowk, Jail Road, to Liberty Chowk (Main Boulevard, Gulberg) and clipped the powers of the Lahore Development Authority to launch any such project for it does not have a mandate for the purpose. However, the decision was suspended by the Supreme Court.
Another land mark decision which directly affected the masses was about the imposition of a string of surcharges on electricity bills. Again, it was Justice Syed Mansoor Ali Shah who declared the imposition of surcharges on electricity bills as unconstitutional and ordered the federal government to refund/adjust the amount it had collected through electricity bills under different surcharges, though; the decision was later suspended by the Supreme Court of Pakistan.
Still, there are more than one hundred thousand cases pending before the Lahore High Court. Among these cases, the case of Muttahida Qaumi Movement Chief (the name is not being written due to court's order) remained on the top. The party faced huge blow when its chief was challenged in LHC due to his speech against Pak Army and Rangers.
The party head came up with an affidavit but the court rejected it observing that 'it is not the required affidavit’. The court also summoned PEMRA Chairman to explain that why the news related to MQM Chief was aired by media despite the fact that the court had barred his total coverage. However, the matter was adjourned until January 11, 2016. The case of Model Town incident is still lying pending before the LHC and no one could be brought to justice so far. The 'big guns' successfully got 'clean chits' and, thus, disappeared from the scene as if they did not commit any thing.
Some lawyers and members of the civil society filed petitions that the Model Town inquiry report should be brought to public but their pleas are also lying pending. Punjab government, in this case, got the services of an expert lawyer who is former advocate general Punjab, Khwaja Haris, whose arguments on the case still continue.
In another case against non-representation of audit reports of district governments before Public Accounts Committee filed by PTI Opposition leader in Punjab Assembly Mian Mehmood-ur-Rasheed, Punjab Assembly Secretary told the LHC that a reference regarding audit reports on accounts of district governments sent by Governor Punjab had been pending before the Chief Minister for final decision. The assembly’s secretary stated that the audit reports had not been presented before the assembly; therefore, the same could not be discussed by the PAC.
Representing the opposition leader, Advocate Sheraz Zaka argued that the audit reports of district governments of the Punjab had never been presented to the PAC nor laid before the house. He said section 108 of Punjab Local Government Act, 2013 says the audit reports of the auditor general shall be considered by the PAC. He said the PAC was the main instrument of parliamentary system and its strengthening was vital to ensure accountability of public funds and good governance, which would eventually eliminate corruption from the public sector.
He sought a court’s order to the respondents to place the audit reports of the district governments (upto financial years 2014-2015) before the PAC as well as Punjab Assembly. However, the matter is still lying pending and the next date of hearing of the case is Jan 12, 2016.
The cases against measles and diarrhea and non-availibility of life saving facilities including ventilators at all public sector hospitals of the province are awaiting decisions. 'Babus' (bureaucrats), in fact, are preparing their replies to present before the courts. The matter of sale of uniforms of law enforcing agencies was also an important matter but again the government could not come up with a solid answer so far to convince the court. However, the court gave last chance to the federal government to submit reply and adjourned hearing until Jan 12.
Morevoer, the Appointment of judges to the higher judiciary remained a big question among the top bars as the year 2015 came to an end. The Pakistan Bar Council and the Supreme Court Bar Association along with subordinate associations expressed dissatisfaction with the mode of appointing judges as they found the method totally based on personal liking and disliking at the cost of merit and worth of person to be made as judge.
Both the bodies demanded the government to amend the constitution to put bar on appointment of judges on ad hoc basis and to reform the current system of picking up the persons on choice without strictly observing the merit. The lawyers' leader said that the appointment of judges was the decision of majority and was not done with consensus of all members.
The demand of the lawyers’ top most bodies seems logical. Because it is a fact that ‘direct interference’ compromises the independence of judiciary. Having simple a law degree does make one eligible to be a judge—a custodian of justice. It raises question that what is bad in holding a detailed interview of a candidate before his/her elevation to the Lahore High Court. Though, some lawyers believe that the interview should not be conducted of those who were being elevated to the LHC.
However, if it is done so, there would be a positive impact on the overall situation of the judiciary, particularly the unnecessary adjournments, pending cases and the quality of judgments. Every lawyer who dreams of being a judge of the higher judiciary will work hard and will face a competition—which definitely will lead towards development and improvement of the judicial system.
Nevertheless, the petitions against Metro train and other projects like greater Iqbal Park were filed before the LHC. As they came almost at the end of the year, therefore, they are due to be heard. ‘Metro train’ case, perhaps, could be decided in the New Year: 2016.