What Separation Of Powers?

2018-07-16T23:40:13+05:00

Despite all the criticism that Mian Saqib Nisar as the Chief Justice of Pakistan (CJP) of Pakistan is receiving, he seems a non-believer in the “separation of powers”. His latest obsession is collecting funds for construction of dams. In a recent meeting, he has issued an order to improve water pricing mechanism.

It is true that Pakistan is a water stressed country, and the state can face severe water shortages in the coming days. However, CJP’s actions on the subject are beyond his jurisdiction. What CJP is doing is a clear-cut case of judiciary’s interference in the sphere of the executive. He needs to drop the executive overreach.

Attending or ordering meetings to discuss constructing water resources and collecting funds is way outside his domain. It will be better if he leaves the matter for the concerned departments and the experts. The esteemed CJP’s plea before the nation to collect funds for dams shows his little knowledge on how mega projects are financed. We have already seen many a time that ad hoc solutions are not sustainable.

While defending the judiciary for taking up the functions of the executive, the honourable judge insists that the constitution allows the Supreme Court (SC) to do so. If this logic and such a liberal interpretation of the law are accepted, then the judiciary can perform all functions of the executive, and the latter branch of the state becomes redundant.

Nevertheless, it will not harm anyone if the august CJP is reminded that what he is doing is judicial interference. Moreover, his ad hoc and whimsical decisions are neither solving the problem nor keeping him clear of the controversy. Begging to differ with the assertion of CJP that judiciary will find a solution to water shortage, the country and its people will be granted a sigh of relief if the apex court finds a solution to the delays in justice.

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