Positive steps
THE legal debate over the controversial Supreme Court (Practice and Procedure) Act of 2023 is over — for now. Through a 10-5 split verdict, a full court bench of the Supreme Court has upheld parliament’s prerogative to regulate, through simple legislation, the powers of the chief justice, and to enforce procedural changes in the Supreme Court’s decision-making process regarding how cases are to be taken up and who is to be assigned to the benches. The court has also upheld as constitutional most provisions of the Practice and Procedure law, but struck down a subsection that had granted the right to appeal past cases already decided under Article 184(3). This retrospective right to appeal had been seen as a lifeline for PML-N supremo Nawaz Sharif and the Istehkam-i-Pakistan Party’s Jahangir Tareen, who both stand disqualified from holding public office under past cases decided by the Supreme Court. The decision has put a cloud over their chances to contest the next general election.
The political implications aside, it is encouraging to note that the Supreme Court showed considerable deference to parliament and its legislative powers while it examined the Practice and Procedure law. Though some of the justices clearly had valid concerns regarding the intent of the law and the context in which it was passed, it seemed that for a change the Supreme Court was making an effort to accord due consideration to parliament as an equal institution. The temptation to veto what many saw and continue to see as an infringement of the judiciary’s domain must have been strong, but Chief Justice Qazi Faez Isa repeatedly urged his fellow judges to overcome the court’s tendency to hold the legislature in suspicion. The result has been a graceful concession from the judiciary to parliament. It is hoped that this balance between these two branches of the state will be maintained going forward.
On a similar note, it is commendable that the chief justice has allowed the powers vested in his office to be taken away for the greater benefit. While the legal community had long agreed that the chief justice’s suo motu powers must be regulated and that bench formation should be done in a more transparent manner, no chief justice ever relinquished control over the institution before Chief Justice Isa. In this, his selflessness must be appreciated. It also bears noting that, with this decision, the bar self-imposed by some of the Supreme Court judges on taking up Article 184(3) cases now stands removed. It is therefore expected that the court will now turn its attention to the several major public interest petitions pending before it, most important among which are petitions against the military trials of civilians and those concerning the conduct of elections within the constitutional scheme.
Published in Dawn, October 13th, 2023
‘Katcha’ lawlessness
PARTS of upper Sindh and southern Punjab — particularly the riverine katcha areas around the Indus — have been transformed into no-man’s land, where even law enforcers fear to tread, and gangs of bandits literally call the shots. Unfortunately, even those tasked with keeping the peace are not safe from the criminals, as the abduction of five policemen, including an SHO, in Shikarpur’s Khanpur area on Wednesday illustrates. According to a report, the five officers were whisked away by bandits from the Kot Shahu police station in retaliation for the arrest of a wanted criminal in Sukkur a few days ago. This is not the first time law enforcers have been kidnapped by bandits. In fact, kidnapping for ransom has become an industry of sorts in Sindh and Punjab’s katcha areas, where innocent people are kept until their families cough up large sums to criminals. This is despite the fact that several operations have been launched against the lawbreakers, the most recent of which was started last month involving police, the Rangers as well as the military, under the aegis of the Sindh Apex Committee. But clearly, these steps have not been enough to break the hold of criminals over the riverine belt.
While the terrain in the katcha areas is indeed difficult, it is hard to comprehend how, in the modern age, security forces have failed to quell violence, and flush out the bandits. While criminals post TikTok videos and show off military-grade weapons, LEAs in both Sindh and Punjab have been unable to end the ‘dacoit raj’ in the riverine belt. The PPP, which ruled Sindh for the last 15 years, has much to answer for, as do successive Punjab governments, which have treated the southern part of the province as a backwater. The caretaker administrations have failed to tackle the problem, but the issue has been festering for years. Security agencies also need to explain how the bandits have access to modern weaponry more suited to the battlefield. Instead of sporadic efforts, a concerted plan is needed, involving both provincial administrations, to clear the katcha area of bandits and ensure that residents of the region live in peace. And while hardened criminals need to be brought to justice, the youth of the katcha belt should be provided socioeconomic opportunities so that they don’t turn to crime.
Published in Dawn, October 13th, 2023
Caretaker contracts
ARE the lines blurring between the responsibilities of a caretaker government and the mandate of elected assemblies?
In August, the ECP banned the granting of NOCs to new housing societies in Punjab. It also reminded the interim chief minister that such policies exceed the authority of a caretaker set-up. But, two months later, the KP caretakers seem to have fallen out of line.
On Wednesday, the provincial interim government approved amendments to the Muslim Family Laws Ordinance, 1961, to include the “oath of finality of Prophethood [PBUH] in the marriage registration form”.
The Lahore High Court issued directives for revisions in the nikah form during the hearing of a writ petition. Subsequently, a joint resolution by the provincial assembly solicited the insertion of the “Khatm-i-Nabuwat oath” in the nikahnama.
Caretaker governments are watched with scepticism so even a slight slip-up ignites flak. Their prime function is to hold the fort; from the dissolution of the assemblies, through the run-up to free and fair elections, and ending with the swearing in of a new, elected dispensation.
They should also execute routine governance and ensure smooth, impartial continuity in matters of the state. For this reason, interim systems impinge on the authority of an elected legislature when they engage with long-term issues.
Instead, the relevant authorities would do well to prioritise women-centric progress.
Take a diagnostic study of Punjab, which found that a resounding 60pc of nikahnamas, registered from 2016 to 2022, were incomplete, or that the bride’s CNIC number was absent in 48pc of marriage contracts, 75pc of girls were 16 to 18 years old and the alimony section was blank in 39pc. Admittedly, this paints a grisly portrait for future generations.
Therefore, the time is now to steer away from policymaking and move towards emancipation and empowerment of women with a greater understanding and participation in the nikahnama so that their socioeconomic rights are unequivocally settled.
Published in Dawn, October 13th, 2023