A dying light

Published
0

IT appears that some Supreme Court justices will not go gently into the night. Though the institution’s authority and esteem now seem to wane with every passing day, their fight to resist total capture, as ordained by the 26th Amendment, continues undeterred.

They may be up against formidable odds and gravely disadvantaged by their institution’s inability to maintain a united front, but their continued refusal to surrender is what gives the public hope that at least a part of the institution still clings to life.

As the concepts of lawfulness, fairness and justice become ever more remote, power must be reminded where the lines are drawn. It may be that the lines will still be crossed — such is the conceit of those who feel they are themselves the law — but as long as there are those who will insist on calling a spade a spade, hope will not be lost.

There is currently an ongoing dispute within the SC over a case that was transferred from a regular bench that was already hearing it to the constitutional bench.

Several senior justices and members of the legal community have highlighted that the case, once it started being heard, could not simply be taken from the bench hearing it and handed to another. That this was done in this case via an administrative order even prompted one of the justices to reportedly remark, “Where it is felt that the decision may be against the government, then the case is withdrawn from the bench. This is not correct.”

The wider community, too, has raised serious concerns about the implications of this incident on the independence of the judiciary, with the All Pakistan Lawyers Action Committee reminding the judiciary that “[The judges] are duty-bound to act as guardians of justice, not facilitators of vested interests.”

It must be pointed out here that disputes and confusion over who gets to hear what case were anticipated and warned of by many jurists when the 26th Amendment was being passed.

Since its enactment, the repercussions have been devastating not just for the SC but also for its judges, whose power and prestige seem to have been reduced to that of a junior officer. Even the office of chief justice of Pakistan has not been immune to its ravages.

Meanwhile, the constitutional bench has emerged as a parallel court that seems to enjoy overarching jurisdiction and authority over all consequential matters. The problems this is creating will soon come to a head.

The apex court must acknowledge the objections that have been raised regarding the 26th Amendment and fix the matter before a full court. It is important that they are settled quickly and comprehensively for the sake of the institution.

Published in Dawn, January 23rd, 2025

Opinion

Editorial

Kashmir unresolved
Updated 30 Sep, 2026

Kashmir unresolved

The just solution lies in India addressing the issue through a trilateral dialogue involving the legitimate representatives of the Kashmiri people and Pakistan.
Water shortage
30 Sep, 2026

Water shortage

THAT the country is entering the Rabi season with an anticipated water shortage of nearly 25pc, the lowest carryover...
Young hearts
30 Sep, 2026

Young hearts

THE observance may have passed, but the message of World Heart Day should not fade with it. The occasion is a useful...
Terror and politics
Updated 29 Sep, 2026

Terror and politics

There is an urgent need to tone down the rhetoric and tackle terrorism as a collective challenge for both the affected provinces and the federation.
Watching the glaciers
29 Sep, 2026

Watching the glaciers

THE latest signs from Pakistan’s mountains are worrying. Suparco says the number of unfrozen glacial lakes it...
Dangerous agenda
29 Sep, 2026

Dangerous agenda

AS the world remains fixated on the US-Iran conflict, elsewhere in the Middle East, Israel is consolidating its grip...