THE 174-page detailed judgement of the 10-member Supreme Court bench on the reference filed against Justice Qazi Faez Isa lays bare some severe deficiencies in the government process. The court held that President Arif Alvi did not form a considered opinion under Article 209(5) of the Constitution, hence the reference against Justice Isa “suffered with multiple defects”. It also said that since there was no valid authorisation for the investigation, the tax records of Justice Isa were illegally accessed.
In clear terms, the judgement said that although the preparation and framing of the reference were not patently motivated by malice, the scale and degree of the illegalities were such that the reference was deemed to be tainted with mala fide in law and therefore quashed.
This is serious critique from the highest court in the land and it requires a thorough probe into how these “multiple defects” happened and who is responsible. It is a travesty that an investigation was ordered against a judge of the Supreme Court — who will serve as the chief justice of Pakistan in the near future — without due authorisation from the president or the prime minister and instead such authorisation was obtained from the law minister. This aspect requires being investigated so that the people responsible for this grave irregularity are identified and taken to task.
Randomly authorised investigations against judges by the executive must not be allowed, and a clear message must be sent to all concerned that such abuse of power has consequences for those who indulge in it. This also applies to the illegal accessing of Justice Isa’s tax records. The government has crossed many lines that are not meant to be crossed.
Delving into the tax records of a serving judge of the Supreme Court illustrates the weakness of our system and of those who manage it in government offices. How is it possible that no one in a long line of people who were involved in authorising access to Justice Isa’s tax records, and then providing the access via the department that holds this data, could muster the courage to call out the orders as illegal? This matter must not be brushed under the carpet as is the norm.
At the same time, discomfort persists around the Supreme Court order for the FBR to further probe the sources of funds for properties owned by Justice Isa’s family. Every care must be taken that this does not turn into a witch-hunt. The entire issue has reeked of intentions that may not be entirely honourable and this has created an unnecessary controversy around the person of a respected judge. Now that the Supreme Court judgement has identified the illegalities in the process initiated and followed through by the government, those involved must be held accountable for these misdeeds.
Women’s vote
THE participation of women in the electoral exercise still lags behind that of the men. But the gap is shrinking, and that is a welcome development. As recently as July, the discrepancy in the enrolment of men and women had reached 12.72m in a total of 112.39m voters. The Election Commission of Pakistan had made it clear it intended to focus actively on narrowing this difference. Clearly, its efforts have borne fruit. Earlier this month, the data showed the gender gap has narrowed for the first time to 12.41m — in fact, of the 3.28m voters added to the electoral rolls between July and October, a majority were women. With the release of district-wise data by the ECP, a more complete picture has emerged. Only nine districts in the country account for a gap of over 3m between male and female voters — that is, around 25pc of the total difference. There are 16 districts where the gap between the two sets of voters is over 200,000. Of these, 14 are in Punjab, and one each is in Sindh and KP. In Lahore and Faisalabad districts, the gender gap is a whopping 1m.
Despite many elections having come and gone, the patriarchal mindset that persists in much of Pakistani society finds it difficult to come to terms with women having a voice in decision-making processes. Local chapters of political parties have often struck deals to keep female voters away from the hustings. When rights activists began to create a ruckus over this and the ECP took notice, the agreements became more tacit and employed social pressure to discourage women voters. Fortunately, the Election Act 2017 has given some teeth to legal provisions against female disenfranchisement, for instance making it mandatory to have at least 10pc of total votes in each constituency cast by women. The ECP cancelled a 2018 by-election in Lower Dir on account of zero women’s votes. When the election was held again, over 1,000 women exercised their right to vote — a small beginning, but a significant one. The political parties must also nominate more women candidates. In the 2018 elections, more women than ever before contested on general seats, but only because the law now requires that parties allocate at least 5pc tickets to women on general seats. No party did more than meet this minimum requirement. Higher visibility for women in the political arena is necessary to effect change.
Mehbooba’s statement
THAT Kashmiris across the political spectrum have rejected India’s unilateral steps to strip the occupied region of its special status last year is quite clear. However, the criticism particularly stings when even those Kashmiri politicians once considered staunch loyalists of New Delhi slam the Indian state for its ham-fisted policies in the disputed area. Former chief minister of India-held Kashmir Mehbooba Mufti recently unleashed a devastating critique of the right-wing BJP clique in New Delhi after being released from 14 months in detention. Ms Mufti said she would only raise the Indian flag once the banner, constitution and special status of the held region were restored. Moreover, in a direct hit, she compared the rulers in New Delhi to “robbers”. This is not the first loyalist Kashmiri leader to break ranks with India and criticise it for its ill-advised policies in the held region. Farooq Abdullah, another former chief minister of occupied Kashmir and a veteran pro-Delhi politician, has also lambasted the Indian government, saying the abrogation of IHK’s special status sparked the confrontation with China along the Line of Actual Control. Mr Abdullah had also been incarcerated after the disturbances in IHK last year, despite decades of service to New Delhi.
If this is the level of anger India’s ‘friends’ in Kashmir are feeling, one can only imagine the alienation of the average Kashmiri. However, the BJP mandarins remain unmoved, and seem convinced that their colonial onslaught will succeed. This delusional approach must end. The people of Kashmir want nothing to do with the Indian occupation and want a constitutional, democratic solution to their seven-decade nightmare. Instead of pursuing a stubborn course, the Indian state should approach the Kashmiris with respect and listen to their concerns. But the BJP government isn’t exactly known for its compassionate, humane approach to politics, and is more at home with brutish tactics. Perhaps IHK will have to wait for a more sensible government to take power in New Delhi in order to resolve the impasse.
