ISLAMABAD : April 12,2023: Apprehensions come true as judicial activism has set a stage for a head- on -collision between the Supreme Court of Pakistan (SCP) and the federal government of Pakistan Democratic Movement (PDM) .
SCP’s impatient reaction to a bill which is still in process to become an Act and simultaneously serving notices to four curial departments of the government for not releasing funds for the elections in Punjab on May 20 , 2023 has set Shahbaz government on the fire.
Its unprecedented that a 8-member bench of SCP led by Chief Justice of Pakistan (CJP) Umar Atta Bandial is taking up the bill still waiting to become an Act on Thursday (Today).
The government had got cleared the bill for reforms in top judicial system in a joint sitting just a couple of days ago.
SCP has taken notice of the bill without even waiting for it to become an Act .
Not only this , SCP has appointed an 8-member bench to take up the case without even wasting a single day.
SCP’s action of fixing- up the case to take up the bill for reforms in top judiciary has set a stage from where upcoming “events’ may blow up to a situation where Pakistan may have an unmanageable crisis . If things unfold in an unwanted manner it may risk the system .
Pakistan is already facing huge risk due to the on-going political , financial and constitutional crisis . If this series of crisis’ spill out of control it may end up at winding up of the present system .
The government has series reservation over CJP Umar Atta Bandial’s credibility . It at the highest level of the prime minister expressed concern when CJP refused to constitute a full court to decide the matter of delay in holding general elections in the Khyber Pukhtunkhaw (KPK) and the Punjab.
Despite clear no confidence by prime minister , Shahbaz Sharif , and his legal team CJP went on to decide the matter . A bench led by CJP overruled the grevances of the government and set a date of May 20 , 2023 for holding elections in the Punjab.
Interestingly , top court order had no mention of holding general elections in KPK.
Purturb over CJP act of deciding the matter without even hearing to the political parties , the government introduced the bill for reforms in top judiciary. The bill is still a bill and not an Act, but top judiciary fixed it for hearing today (Thursday).
Setting yet a new standard of judicial activism , SCP on Monday issued notices fo the Finance Division secretary , State Bank of Pakistan (SBP) Governor , Election Commission of Pakistan (ECP) secretary and Attorney General of Pakistan to appear before CJP on the matter in his chamber on April 14,2023.
These top government functionaries have been ordered to bring relevant record on the next hearing of the case.
Visibly disturbed over the signals iminating from SCP, prime minister , Shahbaz Sharif , held an emergent meeting with his legal team late on Wednesdayv to discuss the strategy to defend his government in the cases of non release of funds for holding elections in the Punjab and the bill passed by the parliamemt for reforms in top judiciary.
In a related development , Pakistan Bar on Wednesday evening announced to boycott the courts to protest against formation of a selected bench by CJP for hearing into the case of judicial reforms .