After the successful restoration movement, the seat of chief justice realised its full strength and worth, and has remained energetic till today, producing a mix of results. No institution can grow which corrects others, but does not look at its own performance first. The judiciary has delivered kicks and blows to others and sometimes caused them an irreparable loss but it has never tried to put its own house in order.
Suo motto notices have been taken so many times on so many diverse issues that today the jurisdiction of ‘suo motto’ has become ambiguous. Our judiciary unfortunately attempted to appoint executive official as was done with the appointment of an investigator in NICL case. It then went ahead and questioned the transfer of an executive official and subsequently charged the Interior Secretary for contempt of court for not preventing the transfer. The SC kept poking its fingers in the executive pie by questioning another appointment of DG FIA, even though to make such an appointment is totally the job of the executive organ of the government. All these three functions which the SC performed go against the concept of separation of powers; this reflected undue meddling into the executives’ jurisdiction and would invite a clash between institutions.
However, judiciary has also played roles that are worth commending. It has lifted itself out of civilian and military control, has grabbed what really belonged to it, and has really built itself up as a real check and balance sort of organ of government by making others go by book and punishing those who don’t. But at the same time the apex judiciary should have improved matters prevailing inside the lower courts before stepping out to amend other organs of the state.
To make this system work with efficacy, many changes are needed: first, such judicial reforms that make the dispensation of justice quicker is needed. There are thousands of cases pending in the courts; many litigants are waiting for decades. Best adjudication is that which is based on the book of law and delivers justice to those who poor, needy and marginalized litigants who deserve it.
ZAKAULLAH MIRBAHAR,
Khairpur, December 10.