Legislature and judiciary

EDITORIAL: The way criticism of the judiciary is echoing in the Senate, growing ever louder as legislators use parliamentary privilege to attack not just the institution but also very senior judges, and ex-judges, is fast getting out of control and is likely to lead to yet another needless confrontation that this country cannot afford; especially at this fragile moment.

It’s unfortunate that the few people who are raising red flags about one pillar of state being used to malign another, like ANP (Awami National Party) Central President Aimal Wali Khan, do not count because their warnings are simply drowning in all the noise.

And despite contempt notices for criticising the judiciary, the now independent and previously PTI (Pakistan Tehrik-e-Insaf) senator, Faisal Vawda did not so much as blink before throwing down the gauntlet not just to the superior judiciary, but also very senior judges, “moving a privilege motion and seeking action against Justice Athar Minallah”. This is where we enter very dangerous territory and the sparks that are flying all over the place can easily cause a fire that can then grow too large to be contained anytime soon.

Yet, there is no respite to senators from targeting the judiciary as the drama goes on. Truth be told, all institutions have cupboards full of skeletons in this country. That is why leveling the same allegations and triggering contempt notices over and over again is never going to settle anything; it will only stir more controversy and keep the country and its premier institutions entangled and unsettled. Wisdom and foresight demand a deeper, more thorough way to handle such issues.

But the first requirement is that all institutions must agree upon is that they stay within their own limits and respecting the integrity of others. That is easier said than done of course, especially with such a checkered history as ours, but a start has to be made somewhere.

For starters, our lawmakers must remember that while they are allowed to say whatever they feel about judgments, they do not have any such freedom when it comes to discussing the conduct of judges in public. There are other avenues and forums to address such issues, which should be leveraged before going public, that too in the upper house of parliament where they might have protection, but the implications of what they say are not contained.

And the judiciary has also long needed to do some soul searching. When it is not in the spotlight for excessive use of suo motu privilege, it is in the headlines for what is considered often unjustified and unnecessary resort to contempt of court notices or use of harsh words, at times, while making observations during proceedings.

And just as it is wrong for others to overstep their boundaries, so too must the judicial fraternity realise that it has the authority to speak only through judgments, and judges must not let their personal feelings get in the middle of proceedings. That is equally, if not more, unforgivable.

So far we have only gone round in circles. And, with another ugly confrontation building, it does not seem as if sanity is about to gain ground in the immediate future.

Copyright Business Recorder, 2024