Justice Khosa’s address to the full court reference a day before his swearing in as Chief Justice of Pakistan has revived hopes in superior judiciary. After years, judicial leadership has manifested an informed desire to collaborate with other state organs for a “Charter of Governance” based in constitutional doctrine of separation of power. Besides admitting the trust deficit among state institutions partly due to judicial activism, Justice Khosa has shown his willingness to (re)define the scope and parameters of jurisdiction of Supreme Court under Article 184(3). In addition, he has also resolved to overhaul institution of judiciary in order to focus on its basic task of dispensation of justice. It is, therefore, a rare opportunity for the government to strengthen the rule of law and democracy by responding to the call of the Chief Justice of Pakistan (CJP).
Both Prime Minister and CJP term an undue delay in civil and criminal cases a menace for our legal-justice system. This agreement is an avenue where government and superior judiciary can join forces for minimizing sufferings of the litigants. What is unconventional about Justice Khosa is that he has not only outlined the problems of judiciary in his customary address but also proposed solutions in this regard. A three-tier judiciary, abolition of special courts, bringing military courts in judicial hierarchy, high courts as appeal courts in all cases, shorter judgment and no unnecessary adjournments are few of his proposed alterations. Reportedly, Barrister Farogh Naseem, Federal Minister for Law and Justice and Justice (R) Abdul Shakoor Paracha, Federal Secretary for Law and Justice are working on a plan aimed at similar objectives. It will be only prudent to take counsel from judiciary and lawyers before finalizing any legislation particularly when the chief of the highest court in the country has voluntarily offered cooperation.
After years, judicial leadership has manifested an informed desire to collaborate with other state organs for a “Charter of Governance” based in constitutional doctrine of separation of power. Besides admitting the trust deficit among state institutions partly due to judicial activism, Justice Khosa has shown his willingness to (re)define the scope and parameters of jurisdiction of Supreme Court under Article 184(3). In addition, he has also resolved to overhaul institution of judiciary in order to focus on its basic task of dispensation of justice
The vision of the current judicial and political leadership coincides with the reformation of the legal-justice system. Some two decades ago, the incumbent Prime Minister founded his Pakistan Tehreek-i-Insaf to launch a movement for social and political justice in the country. Since then, he has been promising rule of law and equality to the people of Pakistan. Moreover, the government’s drive for institutional reforms includes restructuring of the judicial system that can provide speedy and affordable justice to each citizen of this nation. This ambitious reorganization is simply unattainable without will and commitment of all state institutions. It is fortunate that judiciary, ostensibly the most prevailing and active institution in present scenario, is forthcoming for reforms and restructuring. Therefore, current federal government is left with no reason to keep looking sideways on its reformation agenda.
Yet another key mantra of the federal government is the accountability of civilian leadership. Here also, CJP has shown his keenness for a comprehensive mechanism of accountability for political leadership without any threat or damage to civilian rule. He seemed to be mindful of the reservations of opposition parties and therefore proposed to have an open discussion among institutions to protect civilian supremacy. So, taking clue from this proposition, the government should initiate an institutional dialogue aimed at non-discriminatory and independent mechanism of accountability.
Imran Khan should immediately address the issue of forced disappearances as he is the Prime Minister of all citizens including those who went missing,. CJP has made it clear that security measures taken by military and intelligence agencies must not encroach upon fundamental rights and liberties of citizens. As chief executive of the state, the Prime Minister should join CJP in protecting civil liberties of the masses of all parts of the country. However, inviting military leadership in a dialogue to envision a better future by mending wrongs done in the past may be a better way to deal with this long standing human crisis.
At the end, it is advisable for the government to positively respond to the call of CJP and convene a summit level meeting of the leadership of all state institutions including military and intelligence agencies. Certainly, it is an occasion for Dr. Arif Alvi to play his role as the constitutional head of the state. Finally, the current federal government headed by Imran Khan should seize the moment and take a practical step towards the promised Naya Pakistan.
Published in Daily Times, January 28th 2019.