Judicial independence

Published February 1, 2022

THE Supreme Court’s landmark verdict overturning its earlier judgement about ordering FBR to look into allegations against the wife of Justice Qazi Faez Isa will go a long way in protecting the independence of the judiciary and safeguarding judges from pressure tactics by the executive.

The majority judgement overturned its June 19 order rendering the exercise conducted by the FBR null and void as it set aside the verdict that had authorised the FBR to evaluate and then subsequently impose tax liability against Ms Isa for possessing three properties in the UK.

There was a general perception that the PTI government had blundered into a reference against Justice Qazi Faez Isa by basing it on flimsy grounds. This had triggered concerns that the judge was being pressured through his family because of his independent positioning. The ordeal lasted for longer than it should have but now finally it appears that the Supreme Court has closed the door on any further attempts by the executive to hound the judge and his family.

This is not the first time that members of the superior judiciary have had to face such pressure from the executive authorities. However, whenever the judiciary has resisted such attempts to curtail its independence, it has succeeded in repulsing the attacks against it and emerged stronger as an institution. There is a lesson in here for all those who may want to bend the judiciary to their will. A weakened judiciary weakens democracy. It is therefore an encouraging sign that the apex court has acknowledged the fault in its own judgement and reversed it.

The government has, unfortunately, still not relented. The law minister and the information minister have issued statements on the judgement and the judiciary that are not only irresponsible but can also be construed as crude attempts to ridicule the judiciary. If the government is insistent on following such a course despite having its actions against Justice Isa rejected and termed illegal, then it may not be wrong to surmise that it wants to bring the court under pressure through a public campaign. This is highly inadvisable.

The PTI government has shown in the past that it has a habit of vilifying all those who do not agree with it. While this may be somewhat kosher in the political domain, it is absolutely the wrong thing to do when dealing with the highest court of the land. It would be far better if the government accepted the judgement as it is required to do under the law, stopped issuing public statements against the court, and moved on. Justice Isa now stands vindicated in every sense of the word and will continue to discharge his duties according to the requirements of the law and the Constitution. There should be no more obstacles in his path.

Published in Dawn, February 1st, 2022

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