Judiciary-military discord worsening in Pakistan

Rana Banerji

Former Special Secretary, Cabinet Secretariat

DESPITE the tabling of a forward-looking, even tough budget designed to satisfy the International Monetary Fund and conclude a staff-level agreement for Pakistan’s next aid tranche by July, the Shehbaz Sharif government is looking increasingly insecure and lacklustre in its day-to-day functioning.

After the Supreme Court advised incarcerated former Prime Minister Imran Khan to seek avenues for political negotiations, he has resorted to the devious stratagem of pushing in Pashtunkhwa Milli Awami Party veteran Mahmood Khan Achakzai to be his frontman for any possible contact with either President Asif Ali Zardari or the Sharif brothers. These negotiations are going nowhere as Imran has told the sizeable contingent of Pakistan Tehreek-e-Insaf (PTI) legislators to continue agitating for the restoration of the February 8 electoral mandate. They are threatening street protests, with possible roping in of disgruntled Jamiat Ulema-e-Islam (JuI-F) cadres of Maulana Fazl-ur-Rehman.

The Pakistan People’s Party (PPP), while supporting the Pakistan Muslim League (Nawaz) from the outside, has expressed unhappiness at not being consulted in the budget formulation. It has been demanding space in the provincial government in Punjab, but Chief Minister Maryam Nawaz seems to be in no mood to oblige.

Meanwhile, ever since six judges of the Islamabad High Court wrote a letter to the Supreme Judicial Council (SJC) in March this year, alleging interference and intimidation by Pakistan’s omnipotent Inter-Services Intelligence (ISI), the judiciary has been up in arms to rid itself of the age-old taint of being a handmaiden of the military establishment. Partly, this bravado stems from support among the younger judges for deposed PTI leader Imran’s populist narrative.

The Army leadership has been disapproving of these moves. Addressing a passing-out parade at Pakistan Air Force’s Risalpur Academy on May 2, Army Chief Gen Syed Asim Munir observed that the army was “well aware of its constitutional limits” and “expected others to prioritise the Constitution as well”. On May 7, as the anniversary of last year’s ‘Black Day’ violence (May 9) approached, the Inter-Services Public Relations (ISPR) clarified that any dialogue with the PTI could happen only if it “earnestly apologises publicly in front of the nation”, promises to adopt “constructive politics” and forgoes “politics of anarchy”. After the May 29 Formation Commanders’ Conference, the ISPR reiterated that without bringing the planners, perpetrators, abettors and facilitators of the May 9, 2023, violence to justice, there would be no stability in the country. It noted with concern that politically motivated and vested digital terrorism unleashed by ‘conspirators’ (read Imran’s troll bands) was inducing despondency and discord among national institutions, especially the armed forces, which would not be tolerated.

Despite these warnings, the courts have been ruling in favour of Imran, holding the procedures and haste employed to imprison him before the February 8 elections violative of natural justice. His indictment in the cipher leaks case was struck down. All these cases have been appealed against. A seven-member larger Bench of the Supreme Court led by CJ Qazi Faez Isa is hearing a suo motu case regarding agency interference in judicial functions. No hearings have been scheduled in the past couple of months. Another CJ Isa-led Division Bench is set to hear the Election Commission of Pakistan’s (ECP) petition challenging the Lahore High Court’s decision to appoint six more tribunals to settle election disputes in Punjab.

Sargodha Anti-Terrorism Court judge Muhammad Abbas has complained to the Lahore High Court Chief Justice, Malik Shahzad Ahmed Khan, about the alleged role of the ISI in damaging water and electricity meters outside his house. CJ Ahmed Khan, whose elevation to the Supreme Court was announced only recently, has issued showcause notices to police officials concerned. He did not hesitate to profess at a public gathering in Islamabad recently that the days of ‘agency intimidation of judges’ would soon be a thing of the past. He was summoned before the Supreme Court Chief Justice a few days later for a possible admonition.

The Election Commission’s decision not to assign reserved seats of the National Assembly to the Sunni Ittehad Council, to which elected PTI legislators now adhere, was upheld by the Peshawar High Court, but it has been challenged by the PTI in the Supreme Court. Deliberations by a full court Bench there have remained inconclusive. If the SC upholds the ECP’s decision, reserved seats in Parliament and provincial legislatures will be allocated to the ruling parties and the JUI-F, enabling the government to pursue constitutional amendments. Reports are rife about the government planning to extend the tenure of the Supreme Court CJ and other judges by two years.

Isa’s term of office as CJ lasts up to October 25. Ascending to this post has not been without travails for him as he had to face references against his integrity before the SJC, brought at the behest of Imran, prodded perhaps by military leaders of the day (Gen Qamar Javed Bajwa and then Director General, ISI, Lt Gen Faiz Hameed). His January 13 ruling, depriving the PTI of its election symbol (cricket bat), has also been under adverse public scrutiny. He has been responding in a restrained manner to all this venting of ire against the agencies by judges from lower courts. After the Eid vacation, all eyes will be on how the Supreme Court deals with these cases, which could have significant implications for Pakistan politics.

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