Opinion Punjabi Taliban

The tug-of-war between PPP and the judiciary continues. A major bone of contention is the formation of the judicial commission to appoint judges of the superior judiciary,with the government proposing to induct its people in the commission. Many petitions have been filed challenging this. Dawn quoted the main petitioner’s counsel on May 31 as arguing: “PPP’s founder Zulfikar Ali Bhutto,when proposing the adoption of the 1973 constitution,praised this mode of induction of judges as having been part of the constitutions of 1956,1962 and 1972 and thereby having stood the test of time…” He further questioned: “Why is the respondent (government) objecting to the composition of the bench on the ground that it is not a full court when there has never been an order for setting up a full court in the petition? And why is the respondent objecting to the presence of Chief Justice Iftikhar Mohammad Chaudhry in the bench…”

On June 2,Dawn reported the resignation of the respondent. “Dr Abdul Basit,counsel for the government,excused himself from defending it… He said the current environment of mistrust required him to step down… ‘I have the feeling the federation will put the blame on my shoulder for losing the case — a possibility that looks obvious given the present atmosphere,’ he said”. The News published a counter view: “PM Yousaf Raza Gilani took the decision to relieve Dr Abdul Basit as the lead lawyer of the federation after he was briefed on his conduct in and out of the SC… the PM came to the conclusion that the continuation of Dr Basit… would further bring a bad name to the government and might create… misconceptions about it.” Basit’s place was quickly filled by the chief architect of the 18th amendment,reported Daily Times: “The SC on Tuesday allowed Raza Rabbani,chairman of the Implementation Committee on the 18th Amendment to defend the amendment in the court.”

Amidst this hectic activity,a judge of the bench hearing the petitions expressed annoyance with the government’s opposition to the judicial commission’s status. The News reported on June 3: “We made sacrifices for the system,democracy and constructed a wall to save it and even became prisoners,faced starvation for declining to take oath under the PCO,but the judiciary got its hands cut in the follow-up and was told: how dare you say it,’ Justice Khalilur Rahman Ramday observed.”

NO-trust MOTION

Another controversy brewing in Pakistan pertains to big money going President Asif Zardari’s way. The News reported on May 31: “While people are wondering about the controversial decision of the Federal Shariat Court (FSC) to hand over control of two trusts founded by Zulfikar Ali Bhutto,to President Zardari and his children,the attorney of Ghinwa Bhutto,widow of Murtaza Bhutto,has raised questions over the conduct of the chief justice of the FSC.” Omer Sial,Ghinwa’s attorney and a functionary of her fledgling party,PPP-Shaheed Bhutto cited indiscretion of the part of the FSC chief justice,Justice Agha Rafiq,when he accused him of hearing cases involving Zardari,who happens to have friendly relations with the judge. The FSC has reversed the 1977 orders taken by then martial law administrator Zia-ul-Haq to take over control of the trusts founded by Bhutto with help from the UAE.