There is no division of opinion on the urgency of building new dams but a fragile democracy, such as ours, is hardly ready to pay a cost as heavy as the one required to build the Diamer-Bhasha dam. Recent public utterances of the Honourable Chief Justice of Pakistan in support of the dam fund are arguably in conflict with the code of conduct of the position he holds. One may admire his enthusiasm and intention but this eagerness can jeopardise the impartiality of the court and cause of dispensation of justice. Similarly, the principle of institutional balance and separation of powers is seriously put under question when a Chief Justice assumes charge of the noble mission of building dams.
A judge of superior judiciary is expected to be extremely cautious in order to maintain his dispassionate stature and the dignity of his position. Therefore, the judicial code of conduct imposes numerous additional restrictions upon a judge as compared to other public officeholders. Article VII of “Code of Conduct for Judges of the Supreme Court and the High Courts” says that judges should generally avoid any extra-judicial duties or responsibilities; official or private. Moreover, Article 5 of the code obliges a judge to avoid any public controversy and indulgence in political questions. It further declares that a judge should not seek much publicity. In contrast, the Honourable Chief Justice of Pakistan had not only addressed a news conference with business tycoons on September 08, 2018 but also took part in the special transmission of a private news channel for fundraising; through an audio call. This episode generated unnecessary controversy, which could have been avoided.
Dispensation of justice is the basic responsibility of the institution of judiciary. Despite that, pending cases in the Supreme Court hit an all-time high of more than 40,000 on July 31, 2018,according to a report published in a reputed national daily on August 19, 2018. In line with Article 10 of the judicial code, a judge must endeavor to minimize suffering of litigants by deciding cases in the shortest possible time. Therefore, it is high time for the judiciary to focus on its primary task of supplying speedy justice to people. This is only possible if Honorable Chief Justice leaves his ambitious plan of fundraising and building dams to the newly elected Prime Minister and his cabinet.
Pending cases in the Supreme Court hit an all-time high of more than 40,000 on July 31, 2018. In line with Article 10 of the judicial code, a judge must endeavor to minimise suffering of litigants by deciding cases in the shortest possible time. This is only possible if the CJP leaves his ambitious plan of fundraising and building dams to the newly elected Prime Minister and his cabinet
Separation of power and responsibility, between Executive and Judiciary is a basic principle of parliamentary democracy. Usually, it is not tolerable for the chief executive of the country to interfere in judicial process under any circumstances. Similarly, the Honorable Chief Justice is also expected to stay away from any executive responsibility. Inability or neglect of the government in planning for new dams does not constitute a reasonable ground for Supreme Court to take up the duty with missionary zeal. Repeated references to His Lordship’s Dams Fund in everyday hearings in the court and imposition of heavy fines to be deposited in the said fund are not good precedents being set by the Supreme Court. Institutional principles and laws outlive individuals and therefore demand respect by those who are heading these institutions for a shorter time. No matter how pure the intentions of individuals are, the productivity and respect of institutions are best guaranteed when law is obeyed.
In the view of the civil society; impartiality and objectivity of the court is increasingly being disregarded due to the enthusiastic involvement of the judiciary in fundraising for dams. Today, opponents of the ruling party are making public statements against the vision of newly elected Prime Minister regarding water reservoirs and dams fund. Surprisingly, none other than Honorable Chief Justice of Pakistan is giving response to this political criticism, making the environment of the court more reactionary than serene.
The Judiciary has made immense contribution to the cause of democracy in recent years. A revitalized focus on the primary responsibility of dispensing cheap and speedy justice to people is the best service that could be provided for stabilising the system and proliferating constitutional supremacy.
As far as water reservoirs are concerned, the newly formed government has shown will and seriousness at the highest level. Let the task of generating funds for building new dams and procuring requisite consensus for this purpose be left to the government.
The writer teaches Political Science at GC University Lahore and can be reached at [email protected]
Published in Daily Times, September 17th 2018.