A pro-active SC worries Musharraf

By B. Muralidhar Reddy

ISLAMABAD, APRIL 21. The growing assertiveness of the Supreme Court of Pakistan should be a matter of concern to the military establishment in Islamabad. In a span of last two weeks the apex court has not only given enough indications that it would expect the Musharraf regime to honour the commitments it had made for restoration of democracy, but also send out clear signals that it would not allow any institution to undermine its independence. The observations made by the Chief Justice of the Supreme Court, Justice Mr. Irshad Hasan Khan, in the annual report of the activities of the court directing the military to hold elections before the deadline of October 2002 have taken political observers by surprise.

After all, it was only a few weeks ago that the Musharraf Government had given a solemn written undertaking to the apex court promising to fulfil the commitment of holding elections to the National and Provincial Assemblies before the deadline of October 2002 fixed by the apex court. And yet the Chief Justice deemed it necessary to put it in writing.

The blunt observations of the Supreme Court Chief Justice have come close on the heels of the recent verdict quashing the corruption case against the former Prime Minister, Ms. Benazir Bhutto, and ordering a retrial. In fact, the military Government is yet to recover from what has come to be called as judicial quake.

The Chief Justice's remarks assume added significance in the wake of the grand plans of Gen. Pervez Musharraf to carry forward some important changes in the Constitution. Political parties had reacted sharply to the possibility and contested the powers of the military Government to make any changes to the Constitution. Just days after the verdict on Ms. Bhutto, the court had some harsh things to say to the Government about the National Accountability Bureau (NAB) under which a number of prominent political leaders are being tried on charges of corruption and other irregularities.

The language employed by the judges on some of the provisions of the Ordinance was so harsh that the Government had little option but offer to dilute the `draconian law'. Incidentally,the apex court has reserved its judgment on the appeals filed by several political activities challenging the provisions of the Ordinance. In his foreword to the annual report of the Supreme Court for 2000 the Chief Justice made it clear that ``the powers of the superior courts under Article 199 of the Constitution remain available to their full extent and may be exercised notwithstanding anything to the contrary in any legislative instrument enacted by the Government''.

Mr. Justice Hasan Khan has said that the legitimacy conferred on the present regime, on the touchstone of state survival, did not imply abdication of the power of judicial review in the transient suspension of the previous legal order. He has said that the Supreme Court would not approve of any politicisation of armed forces as prolonged involvement of military in civil affairs entails the danger of affecting its professionalism in defending the borders of Pakistan.

The Chief Justice has said that the legitimacy of incumbent Government was linked with the holding of election within three years as laid down by the court in its May 12, 2000, judgment validating the military rule for three years. ``We reiterate the definition term democracy to the effect that it is government of the people, by the people and for the people and not by Army rule for an indefinite period.'' Mr. Justice Khan reiterated that the elections to the Senate, National and Provincial Assemblies have to be held before the deadline of October 12, 2002.

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Section  : International
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