Judicial overreach

Author: Daily Times

After months of painting all those who opposed the crowdfunding of the Diamer Bhasha and Mohmand Dams as enemies of the state and coercing businessmen and telecommunication companies, former Chief Justice of Pakistan (CJP) Saqib Nisar stated last week that his dam fund was only meant to raise awareness of Pakistan’s water shortage issue. Justice Nisar added that he had never thought the money collected in the fund would ever be enough to build the dams.

Though the numerous individuals and institutions which generously donated to the fund — including the armed forces, Punjab government employees, private banks and the Pakistan Football Federation — have not reacted to the ex-CJP’s statement yet, it would be safe to predict that they must be quite disappointed. After all, in September last year Nisar had vowed that these dams would be built at any cost. Even the incumbent Prime Minister had commended the former CJP’s efforts and had asked expats to fork over some cash.

Sadly, mega-infrastructure projects and crowdfunding don’t mix too well. The capital required for the building of the Diamer Bhasha and Mohmand Dams amounts to an astounding Rs 1.5 trillion. So far, the dam fund has only been able to collect Rs 9.8 billion. Worse, according to official statements more money has been spent on advertising for the ill-conceived campaign. A few voices in the media that tried to highlight the simple unworkability of this idea were called out for being unpatriotic.

National institutions and Pakistani citizens who had sacrificed their hard-earned money for a national cause have only now found out that their money will not be used as advertised. What’s worse is that those voices that could have duly informed the donors were labelled seditious and threatened with Article 6 of the Constitution. Furthermore, by drumming up the large dam narrative, the ex-CJP also diverted attention from more effective, less expensive methods of fighting Pakistan’s water crisis.

On the brighter side, the entire fiasco is a reminder for the superior judiciary that instances of judicial overreach must be avoided at all costs. Judges have serious business to attend in their domains and they should avoid viewing them as saviours who can transform this country. Let us hope such mistakes are not repeated in future. Hopefully, senior judges across the country will reflect as to how they can mount resistance when one or more in their ranks are swayed by the prospect of judicial overreach. *

Published in Daily Times, March 1st 2019.

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