CONSTITUTIONALLY, an independent and impartial judicial structure is considered a significant organ of the state. This is considered to be a pre-requisite for democratisation in the country. Unfortunately, the imbalance within our state institutions has been causing political disorder, also allowing them to act out of their respective domains in antithesis to constitutional provisions.

Consider the landmark judgments in the Panamagate scandal case as well as in Jahangir Tareen’s case that appeared to be unparalleled precedents which manifested a great sense of impartiality on the part of the apex court. That, in turn, was meant to strengthen the already weakened democratic dispensation in Pakistan.

However, the recent involvement of Chief Justice Saqib Nisar in issues of governance has raised several eyebrows. As his domain is confined to governing the judiciary rather than visiting and passing orders on colleges, hospitals and taking note of civil challenges. This change of track is something to consider. For other challenges of a socioeconomic nature, we have an executive branch and bureaucracy to address the dysfunctional structure of governance.

According to apex court statistics, there are 1.7m cases pending in the Supreme Court and 2.5m in the high courts. Manhandling and corruption in the lower judiciary itself paints a worrisome picture of our present judiciary.

One can express his reservation over the CJ’s views on the governance of the state when his own institutions fall victim to various shortcomings. Any unconstitutional actions and unpleasant interference by the court official can hinder democracy and put the future of the political order at stake.

I appeal to our judges to offer a fair platform for our common citizens where the speedy execution of cases are done and justice is provided to all irrespective of power and status.

Qaiser Rizwan Abbasi

Hyderabad

Published in Dawn, February 2nd, 2018

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