Constitutional Legitimacy
This amendment was never about creating a more responsive and accountable judiciary, but one that could be more easily managed by a hybrid regime that is insecure about its own future. Divested of pretence, it must be called for what it truly is: an instrument of guarantee.
On Secrets
The OSA gives legal cover to the executive to label anything as secret information and prevent its disclosure. It is irrelevant whether this information may, for example, expose government corruption or misconduct. Insulating the state from accountability and transparency – two hallmarks of democracy.
The Suo Motu’s Integrity Problem
My argument is that the Supreme Court’s power to take suo motu notice, as it is currently practiced, is difficult to justify from either a rule of law perspective, or, from the standards of democratic governance. And for this reason, I think it is time we gave serious consideration to arguments concerning the merits of judicial restraint and a reform of the powers of the Chief Justice of Pakistan.
Senate Reform
If the PTI is serious about making a better Senate then it should bring together a cross-section of experts and parliamentarians to provide recommendations on this issue. This is something that both the opposition and the government need to work together on if they want to end the cycle of horse-trading that continues to cheapen our democracy.
Trump’s Last Stand
Constitutional principles regarding the separation of powers would become meaningless rhetoric if such attacks resulted in zero accountability. Principles that should be above partisan politics. The gravity of Trump’s actions merits a conviction in the Senate, a conviction that shows bipartisan support for higher constitutional values.
The Art of Blackmail
In this province, the state has seldom done anything to establish law and order. Tragedies here are used as an excuse to crush dissent rather than end sectarian violence.
If the state is serious about protecting the Hazara, it can start with creating a clear strategy over addressing these two issues. While it is at it, we can also hope that the Prime Minister learns some empathy. It goes a long way.
Faith As a Weapon
Light the torches; join the mob; kill the infidels.
If national mottos were an accurate representation of a nation, then these words would replace unity, faith, discipline.
Eternal Grief
No individual who fostered a system that allowed militants to walk into a school and kill indiscriminately has been held accountable. Elected ministers, members of law enforcement, the security establishment, all get to walk away and blame ‘bad intelligence’.
Judicial Power Play
We have to ask: why does the judiciary keep getting into these questions? The answer seems to lie in the popularity it has attained and the headlines it has generated. We have reached the unenviable milestone of creating a populist judiciary.
The Hammer
For the dissenting voice in Pakistan, the coloniser never left.
Their instruments for curbing political dissent are always kept within arm’s reach by a state whose insecurities know no fundamental rights, no morality, and no limits.
The Black Box
In numerous judgments, the Supreme Court of Pakistan has stressed the need for transparency, accountability, and objective decision-making by all other institutions of government. Yet, the appointment process for High Court judges lacks all three elements.
Our Forgotten Children
Despite repeated attempts to legislate on the issue of forced conversions, no actual legislation has been passed. Last year, the PPP rejected a proposed bill in the Sindh Assembly that would have prevented a change in religion before the age of 18. A similar proposal was rejected in 2016.
The Reference: Part 2
In twin judicial opinions, Justice Mansoor Ali Shah and Justice Baqar have gone further than the majority judgment in highlighting the illegal actions pursued by the federal government in their quest to depose Justice Isa.
The Reference: Part 1
Justice Isa — according to the Supreme Court — committed no act that would amount to misconduct. The judgment clarifies that the President, Prime Minister, and Law Minister had no basis in law or fact to justify letting the genie out of the bottle.
Team of Rivals
This may not be the perfect solution. This may not be the perfect opposition. But it is the best we have at the moment — we will take it.
Orthodoxy
Today, any state that wishes to call itself a democracy, in its true liberal sense, adheres to the fundamental right of freedom of expression — a human right protected by Article 19 of the International Covenant on Civil and Political Rights which Pakistan has also committed to in the form of Article 19 of its Constitution.
Fear
Moral panics, and the culture of fear they produce, serve autocrats quite well. It grants them the fuel needed to burn legal safeguards amidst thunderous applause from the public. Across the world, fear continues to be the favourite narrative of populist strong men. From Trump to Orban, fear is the language they speak to fool people into giving up their rights.
Of Monsters and Men
The law in this country is present only in its absence. If the social contract fails to protect women from men who have become monsters, then women have no obligation of loyalty to the state. The state loses its moral legitimacy. Women then must take it upon themselves to dismantle the structure of patriarchy that has forced them to suffer. Whether or not the state helps them.
Principles of Accountability
Legitimacy depends on fairness. People believe in court decisions if they are seen as the outcome of a fair process. That faith is lost when the process appears rigged in favour of one side so that outcomes become foregone conclusions. NAB’s powers are both structured, and exercised, in a way that gives the impression of selective accountability. The NAB Ordinance must be repealed, and a new system, one that respects due process, the dignity of every person, and the rule of law, needs to be enacted.
Eye of the Storm
Long-lasting change in Sindh can only come about by implementing an effective local government system. To achieve this, it is time for the Sindh Assembly to revisit the SLGA and devolve power in the way envisioned by the 18th Amendment.