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Need to observe institutional balance

Published Mar 28, 2013 05:06am


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THE societal trend to determine parameters and the procedural outlining to observe such parameters is the fundamental course of smooth sailing. The problems get generated when overstepping or outlawing disturbs the mechanism.

This fundamental change is apparent in progressive judicial authority.

The use of powers and prerogatives is an inalienable right but when it comes at the expense of narrowing down the powers and prerogatives of other institutions, it damages the spirit of separation of powers.

Inevitably, there had been unfortunate weak justice system in the past on several crucial occasions which has now given rise to an institutional fragility and social deprivations, yet overassertion of the authority to improve its image in a jiffy will not produce the desired results and would rather disturb the institutional balance.

The prevailing mode of rushing to justice may help to enlighten the hopes of people but it is causing a severe imbalance among institutions and setting ambiguous precedents. It is not always the incapacity or unwillingness of the executive but in some cases the executive authority is given no room to act actively because of immediate suo motu actions.

Taking the top bureaucrats by hand and getting them implemented orders in an often unreasonable time and inappropriate manner is tantamount to rushing to justice which can crush the very justice altogether. But this also does not mean supporting the delay in justice which also happens to defeat justice.

There is a dire need to balance the judicial authority so that it neither results in rushing to justice nor in its delay. The judiciary should exercise its activism in parallel to restraint. It should first give the other institutions due chance and time to exercise their powers in a reasonable and timely manner. Failure to do so should only provoke the judiciary to step in.



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Comments (1) Closed

Syed A, Zafar USA Mar 29, 2013 07:52am
Talking about judicial norms and the practices of current judiciary of Pakistan are two different things in my opinion. First of all, it is more important to define the clear role of our judiciary in the light of Pakistan's constitution. In general understanding, a judiciary is supposed to interpret the laws in the light of its constitution. It is no where written in the constitution of Pakistan that the judiciary will play the role of an executive or a prosecutor. Assuming, honoring or validating the current trend of judicial dictatorship is nothing but supporting and promoting the culture of judicial might in my opinion. When it comes to the reasons why I think our current judiciary does not fit in the category of a normal judiciary, it has many. For instance, 1. it is not a legitimate judiciary, because its chief justice and some of his buddy justices are PCO judges. 2. it is predecided on certain cases, especially the ones which are made against the government officials to serve the needs and wants of right wing political parties who managed to reinstate CJ and his team through mob politics. 3. Chief justice Iftekhar Malik did not set a good example for others, when it came to charges against him, he should fought the charges in a court of law to prove his innocence, instead of seeking rescue through his buddy justices to dismiss the charges against him. 4. In my opinion this judiciary is under full control and command of Chief Justice Iftekhar Malik, it works together and makes its own rules to benefit itself, its supporters and to hurt its opponents. 5. Chief justice should not have lead the dangerous political rally under the banners of political parties, and under no circumstances should have driven 25 hours at the speed of less than 5 miles per hour to reach to a bar association which could have been reached in less than an hour through helicopter or a plane. It drove nation into lawlessness, chaos and took dozens of innocent lives in Karachi. If some say, it was not safe for him to use a plane or helicopter then why he used plane when he had to fly to Karachi for the same purpose? 6. It is highly partial in my opinion. 7. Last but not least, the SC has not only been ruling the government but also has taken full control of other institutions like ECP and NAB in my opinion. It is unfortunate that ECP is taking dictation from SC to serve the political needs of its right wing supporters in coming elections.