Govt implemented SC verdicts

27 Mar, 2011

The orders ranged from constitutional issues to human rights. The government often won kudos from the sitting judges, especially from Chief Justice of Pakistan Iftikhar Muhammad Chaudhry.

Soon after a 14-member larger bench of the restored judiciary in 2009 decided that those judges who had taken oath under the Provisional Constitutional Order 2007, were no more judges, the government issued notifications sending a number of judges of the superior judiciary to home.

In the much highlighted issue of National Reconciliation Ordinance (NRO) which was not even supported by the Federation, the Court gave a ruling that the cases stood revived against those people who had taken benefit of the Ordinance. The government implemented the verdict making the beneficiaries holding positions in various ministries, departments and divisions to immediately pack up.

The most prominent case taken up by the apex Court in 2010 was a challenge to 18th Constitutional Amendment, which was unanimously passed by the Parliament.

The case assumed great value as it was one of the major constitutional issues after the 17th Amendment decided by the apex Court.

During the course of hearing on several occasions the Chief Justice lauded the government and the Parliament for not endorsing unconstitutional steps of former president Pervez Musharraf.

The proceedings were often resounded by the Chief Justice's words: "It is our own Parliament, our own government, which deserves credit for not endorsing the steps."

The bench sent back the issue of appointment of judges of the superior judiciary back to the Parliament to address certain concerns expressed by the petitioners and the Court.

Further amendments were made to allay such concerns through the passage of the 19th Amendment and it was made possible due to active pursuance of the Federal Government that created consensus among all the parties in the Parliament. Then came the verdict over promotion notification of 54 bureaucrats, who were serving as federal secretaries, to Grade 22. The SC directed the government for appointments on these posts on merit, besides laying down rules and regulations.

Again the apex Court's directive was obeyed without a hitch on part of the government and the whole process was reversed. Then apex Court's decision over-one billion dollars LNG import project which was declared illegal with certain directions were also implemented by the government.

The apex Court had directed the Petroleum Ministry to resend the summary to the Economic Coordination Committee (ECC) for fresh approval and advised supervision by the Prime Minister.

No resistance was witnessed when the Court also declared illegal the appointments of Acting Chairman of National Accountability Bureau (NAB) and Prosecutor General during hearing of a case pertained to Rs 9 billion Bank of Punjab loan scam.

It also ruled for immediate appointment of NAB Chairman within one month which was also done accordingly.

The missing persons issue also remained in the spotlight and the apex Court orders for the constitution of a judicial commission to probe the issue was done on priority basis.

A three-member judicial commission, headed by a retired judge of the apex Court and two retired judges of High Courts as its members, was set up under the SC directive.

In its most recent judgement, the Supreme Court issued a directive for setting up a Commission to probe and submit its report regarding breaches made in canals and rivers to divert flood waters in the provinces of Sindh and Balochistan. All the state functionaries are fully assisting the Commission with all available resources.

The decision over appointment of NAB Chairman was also accepted despite certain rumours that kept making rounds for quite some time.

In most recent hearing on suo motu case of Hajj arrangements and issue of appointment of contract employees after attaining age of superannuation, the Chief Justice compared the attitude of bureaucracy with that of the Prime Minister and told the counsel for Federation that they found the Prime Minister as cooperative.

"The PM is cooperative and whenever there is a problem, he comes forward. We did not find difficulty with the Presidency even," he observed.

Minister for Law and Justice Dr Babar Awan was more candid when he told reporters in the Supreme Court building that there was no tussle between the judiciary and the executive over certain issues.

He said: "We are satisfied that all the institutions are functioning in their specified ambit under concept of tracheotomy of powers which are non-transferable."

Dr Babar while blasting few elements, who were trying to damage the Federation by creating a storm in the cup, said the government would disappoint them as they would not find any bitterness in this cup.

Copyright APP (Associated Press of Pakistan), 2011

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