THE ongoing executive-judiciary row is reminiscent of the days of Benazir Bhutto, when she was pitted against the judiciary, in particular chief justice Sajjad Ali Shah. While Sajjad continues to be a key player in the present drama, this time his prime opponent is prime minister Nawaz Sharif. What began as a routine recommendation from Sajjad to the government to elevate five judges to the supreme court has snowballed into one of the biggest controversies of Sharif's tenure, threatening, some would say, Sharif's very survival.
That is if Sajjad decides to go ahead with the corruption cases he has started hearing against Sharif. The cases, pending for a long time, are now convenient political tools in this very public confrontation.
바카라 웹사이트The dispute was triggered off by Sharif's dithering over Sajjad's plans. Going by the landmark March 20, 1996, Supreme Court judgement, the government was bound to accept the chief justice's recommendations and fill the vacancies in 30 days. While in the opposition, Sharif had welcomed the decision; in government, Sharif, confident after clipping the president's wings, decided to take on an activist judiciary. Instead of implementing Sajjad's suggestions, Sharif issued a notification, reducing the number of supreme court judges. Subsequently, in the face of opposition, he withdrew it. But that turned out to be a tactical retreat. Says senior journalist Khalid Mehmud: "The ruling party has had enough of judicial activism. And the enduring disposition to acquire absolute power calls for relegating the judiciary to an appendage of the executive.
" Sharif irked the judiciary further by pushing through the Anti-Terrorism Act, which almost set up a parallel judicial system and gave sweeping powers to security forces to combat terrorism and sectarian violence. The chief justice lost no opportunity to criticise the move. The same judiciary that had acted as a 'handmaiden' for all military dictators was now crying foul. The chief justice, who is to retire in February, appeared to have filled in the vacuum created by the lack of a political opposition.
The latest twist to the judicial saga came from the judges themselves when the chief justice was away on a foreign trip. Six colleagues suddenly called for a meeting of all the judges, making Sajjad's position as chief justice contentious. But the government's joy was shortlived as Sajjad caught the next flight home and cancelled the meeting. Sharif pretended he knew nothing about the rift but he did take note of it: "We also have to bear in mind the differences between an individual and an organisation. We cannot ignore the concerns of these judges and will decide the issue strictly in accordance with the constitution and after thoughtful consideration". The chief justice struck back.
First, he sent a letter to Leghari, demanding implementation of his recommendation. Then, he fixed the hearing of certain corruption cases against ruling party leaders, including Sharif and his family, in his chambers—which raised the possibility of Sharif being disqualified if proven guilty. The government despatched emissaries like cabinet minister Nisar Ali Khan and Sharif's brother and Punjab chief minister Shahbaz Sharif to meet AFP Sajjad. But they failed to resolve the crisis. Opposition members emerged from hibernation to argue cases which they had failed to prove when they were in the government. Sensing the mood of the judiciary, even Benazir's tainted husband Asif Zardari moved court.
Saner voices advised caution but Sharif was only listening to himself. He was perhaps trying to prove that he could resolve every issue on the basis of his overwhelming strength in Parliament. He wrote to the president to summon the supreme judiciary council. But he hadn't reckoned with the president, the latest to enter the tamasha, who refused to act on the recommendation of either player.
Right through this controversy, Sharif met the chief justice regularly. "I went an extra mile to please the chief justice. No other prime minister has had so many meetings with the chief justice. I called on him as soon as election results were announced.
But he refused to cooperate regarding the attorney general's appointment. What more could a prime minister do? I have still not stopped meeting him," Sharif told 바카라 privately.
Sharif also travelled to Lahore to seek some advice from Abbajee (his father)—many say the real power resides in Model Town, the sprawling Sharif home—but that may not be enough to scale down the conflict.
