Daily Times

LAHORE: The Women Action Forum (WAF) has filed a reference with the Supreme Judicial Council (SJC) against alleged violations of the code of conduct and judicial excesses in the apex court.

With 98 signatories, the reference filed under Article 209 (pertaining to the powers of the SJC) of the Constitution, seeks an inquiry into complaints against Chief Justice of Pakistan Mian Saqib Nisar. The Council, headed by the CJP, the respondent in the reference, has been asked to let senior puisine judge, Justice Asif Saeed Khosa, hear the case.

Explaining the signatories’ stance in the reference, the press statement says, “The Constitution of Pakistan, despite several attempts to assail it, is one of the better ones in the world and guarantees fundamental rights to its citizens. The strength of it lies in its clear demarcation of the distinct and separate roles of state institutions and its commitment to the separation of these powers. Too many citizens have been misled into discarding the principles of this doctrine and manipulated into relying on individual saviours instead. The complainants feel that such reliance on individuals is anti-democratic and are concerned that future generations will only recall the Constitution as a figment of our collective imagination.”

The reference holds violations of the doctrine of separation of executive, legislative and judicial powers as a core reason for the collapse of state functioning in Pakistan. It accuses the CJP of indulging in conduct unbecoming of a judge, maintaining that under his watch, the apex court has ‘politicised the judiciary, violated the principles of the separation of powers, and demonstrated negligence and the inability to adjudicate in any independent, neutral, non-partisan and impartial manner’. It also complains about what it deems are a lack of efforts by the judiciary to reduce the backlog of cases pending hearings in courts across the country. It states that there’s a tendency in the country to label citizens exercising their right to seek information or protest against excesses by state authorities as infidels, agents and traitors. Meanwhile, it adds, banned organisations and violent individuals operate with impunity and even directly threaten the lives of honourable judges without fear of repercussion. “Today, powerless citizens and minorities live under a rule where expression is muzzled and speaking of injustice or voicing a dissenting view on matters of public importance is equated to peddling an anti-state agenda and treason,” it says.

The statement continues, “The complainants believe filing this reference is in public and national interest and it is their duty. This recourse is the only lawful avenue available in order to record their protest and seek a corrective course. People’s interests lie in safeguarding the Constitution, fundamental rights, separation of powers; to ensure justice prevails and history bears testament to the excesses and that future generations are not held hostage to individual vagaries and egos. All those who currently occupy positions of power and are complicit in steering the country down an unconstitutional path must be held accountable.

“While pursuing the right to file this reference, the petitioners were cautioned of the consequences and even suspected by many. They received little or no help and had to prepare with no resources except their own determination, commitment and hard work. The bar of resistance politics has fallen so low ever since the Lawyers’ Movement of 2007-2008, that many within the legal fraternity warned the complainants about inquisition with harassment and intimidation tactics to follow. Given the current penchant for witch-hunts, contempt proceedings and even treason were not ruled out. It was even advised to wait for the CJP to retire in January 2019. Is this the kind of check and balance and accountability process that creates a vibrant democracy?

“Many who share the views listed in this reference have not signed due to fear of repercussions – personal and professional. Risk to their families, livelihood and physical and mental well-being is something they felt could not be compromised.” The statement concludes by remarking that pro-democracy women activists of WAF decided to file the reference with the hope of reclaiming the balance of powers and restoring some semblance of a systematic and pro-people, democratic method of regular dispensation of justice in Pakistan.

Published in Daily Times, October 15^th 2018.