Khawaja Asif
ISLAMABAD: On Sunday, Defence Minister Khawaja Asif publicly criticized the judiciary for what he described as ‘political verdicts,’ arguing that judicial decisions should align strictly with the Constitution and the law.
In his statement, Asif emphasized that the role of the judiciary is to interpret existing laws rather than create or modify them. He stressed that judges should concentrate on the legal framework rather than engaging in political commentary.
Asif cited several historical examples, including the controversial decisions made by Justice Muneer and the case involving Zulfikar Ali Bhutto, to highlight what he perceives as the judiciary’s inclination towards political decision-making.
He expressed concern that such practices could lead to constitutional chaos, warning that the integrity of the legal system is at risk.
The Defence Minister also underlined that maintaining political stability is a collective responsibility that extends beyond politicians to include the judiciary, media, and bureaucracy.
He called on the judiciary to restore its credibility amidst growing rumors of internal conflict among judges.
Furthermore, Asif suggested that Article 209, which pertains to the accountability of judges, should be applied to those who make incorrect decisions.
Asif’s remarks came in the wake of a significant Supreme Court ruling that declared the Pakistan Tehreek-e-Insaf (PTI), founded by Imran Khan, eligible for reserved seats for women and minorities.
This ruling was issued by a 13-member bench led by Chief Justice Qazi Faez Isa, who announced an 8-5 majority verdict overturning a previous decision by the Peshawar High Court (PHC).
The PHC had upheld a decision by the Election Commission of Pakistan (ECP) that had denied PTI these reserved seats.
The Supreme Court’s ruling has posed a setback for Prime Minister Shehbaz Sharif’s ruling coalition, which had opposed PTI’s claim to the reserved seats.
Notably, Chief Justice of Pakistan (CJP) Qazi Faez Isa, along with Justices Jamal Mandokhail, Naeem Afghan, Yahya Afridi, and Ameenuddin Khan, were among those who opposed the majority decision.
In response to the Supreme Court’s judgement, the ECP has announced its decision to implement the ruling.
According to an ECP spokesperson, the commission has instructed its legal team to ensure the execution of the Supreme Court’s decision. However, the ECP clarified that it has not validated the PTI’s intra-party elections, which were deemed not in accordance with the law.
The spokesperson emphasized that while the PTI is eligible for reserved seats, the commission maintains that candidates who submitted their nomination papers without official party endorsement should not be considered PTI candidates.
The controversy surrounding the judiciary’s decisions and the Supreme Court’s recent ruling underscore the ongoing tensions within Pakistan’s political and legal landscapes. The debate highlights the complex interplay between law and politics in shaping the country’s democratic processes.
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