Pakistan is currently facing one of the worst political, economic, constitutional and security crises.
We are hearing this phrase almost every day, but with each passing day, instead of solving these problems, new problems appear.
The situation Pakistan is currently facing is very serious and unsolvable.
On the one hand there is political chaos, on the other hand there is an important issue of national security.
Talking about the constitutional crisis, the most important issue that is being discussed in the country’s politics for the past several days is the case of automatic notice in the Supreme Court related to the elections in Punjab and Khyber Pakhtunkhwa.
The Spontaneous Notice case became controversial from the start when four judges of the nine-member larger bench defected.
After that, a five-member bench heard the automatic notice case and issued a decision to hold the election as early as 2-3. But after the verdict, the case became more controversial. The members of the government declared the decision in their favor by a ratio of 3-4 based on the dissenting notes of the two judges in the previous hearings.
After that, during another hearing, Justice Jamal Mandukhel, who had separated from the bench on notice, remarked that the decision was by 3-4. After which doubts about the decision increased.
Recently, Justice Athar Minullah’s dissenting note regarding the same bench has come to light, in which his note showed the increase in the intensity of differences within the Supreme Court itself.
Justice Athar Minullah’s own note shows that the verdict was 3-4. And his notes include harsh remarks about the country’s political and constitutional situation. In a dissenting note, he has also expressed the Full Court proposal on the issue.
From this whole situation, it is clear as day that the differences in the Supreme Judiciary of the country have reached a very serious stage and at this time the role of the Judiciary in Pakistan has also become quite controversial.
In these circumstances, the confrontation between the government and the judiciary has also become very intense.
While the government first limited the powers of the Chief Justice by enacting laws regarding automatic notices in the Supreme Court, recently the Election Commission changed the date of election in Punjab to April 30 against the order of the Supreme Court. The provincial elections were postponed till October 8.
The Supreme Court heard the petition against the decision of the Election Commission and annulled the decision and also set the date of the election for the first time in the country’s history.
The Supreme Court fixed May 14 as the date for the election in Punjab and also issued instructions to the relevant institutions to assist the Election Commission.
In this case against the postponement of elections in Punjab by the Supreme Court, two judges of the controversial five-member bench excused themselves from the hearing.
On which the government also requested a full court but the Chief Justice rejected the request and after a long hearing with the remaining three judges gave the above decision.
After the announcement of the elections by the Supreme Court, the PML-N and its allies not only refused to accept the decision, but also passed a resolution from the National Assembly against the three-member bench and demanded the formation of a full court. .
One more thing is clear in this whole scenario that at this time in Pakistan, from the politicians to the leaders, even the important judicial persons have become very controversial.
Even Nawaz Sharif has demanded to file a reference against the three-member bench including Chief Justice Umar Atta Bandial. Time will tell whether their demand will be implemented or not.
At this time, it is also under discussion whether the Supreme Court has the authority to announce elections or not.
The second important thing is that the federal cabinet, including the parliament, has refused to accept the decision of the Supreme Court.
Now what does the constitution say about this refusal and if this action is against the law, can there be a contempt of court action against Prime Minister Shehbaz Sharif and his cabinet?
During the interview given to Prime Minister Shahbaz Sharif Al-Arabiya (Al-Arabiya).
If there is contempt of court proceedings, is there a possibility of Shahbaz Sharif’s disqualification or not?
Justice Athar Minullah’s dissenting note has also given life to the anti-judge narrative of the PML-N.
On the one hand, almost all the League leadership including Nawaz Sharif, Maryam Nawaz, Rana Sanaullah, including Prime Minister Shehbaz Sharif were constantly criticizing the judges of the Supreme Court, on the other hand, references were also circulating against the judges including the Chief Justice. After the note, PML-N has demanded the resignation of Chief Justice Umar Atta Bandial.
The PML-G also says that the Chief Justice has become quite controversial at this time and it is better that he resigns.
At present, the role of the judiciary in the country has become highly controversial and its impartiality is constantly being questioned.
Even after all these things, it has not been clearly explained whether the automatic notice is four three or three two in relation to the decision of the case.
What will be the impact of Justice Athar Minullah’s dissenting note on the decision?
Is the formation of a full court justified on the conduct of elections and will it be implemented?
Is it legitimate to demand the resignation of the Chief Justice on behalf of the government?
At this time, the question is also important that why benches of specific judges are being formed in the Supreme Court in political cases? Absence of senior judges in most important cases is making the situation more controversial.
It is also being circulated that efforts are being made to benefit a political party in the Supreme Court.
Now whether these things are true or not is a different matter, but at this time the Supreme Court is looking the most controversial in the history of the country and the internal differences of the judges are also in front of the people.
In this whole situation, Pakistan Tehreek-e-Insaaf is looking quite calm and relaxed and their calmness is becoming, on the one hand, their long-standing desire to hold elections is also being fulfilled and the government is constantly avoiding the elections. It is very helpful in creating a narrative for them.
At this time, it looks like the stage is set for PTI and Imran Khan because the parties involved in the government coalition, especially the Muslim League-N, and the Supreme Court are at loggerheads with each other and the Election Commission has also obeyed the orders of the Supreme Court. By issuing a new schedule of elections in Punjab, the ball has been thrown into the government’s court.
It is now the responsibility of the government to ensure measures for transparent conduct of elections, especially the provision of funds and security. But whether they fulfill their responsibility or not, only time will tell.
People shop at the wholesale market in Karachi on February 1, 2023 (AFP)
On the other hand, if we keep the judicial and political issues aside, the country is currently recording the worst inflation in history.
The rate of inflation has crossed 44%, now the poor are dying for a single day of bread and the dollar is not going down. The IMF’s conditions are not calling for an end.
The current security situation in the country is also in front of everyone. Therefore, Pakistan is currently struggling with problems from all sides.
In such a situation, if the political instability continues in the same way, it will become impossible for the poor to live in Pakistan.
Young people are preferring to leave the country and do not care about their lives, as exemplified recently by the illegal migrant boat that sank in Italy in which dozens of people entered Europe illegally. They lost their lives trying to be.
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There is only one solution to all these problems, and for that, first of all, there must be political stability in the country.
Economic and security stability is not possible without political stability and the only solution for political stability is transparent and impartial holding of elections through negotiations.
In this regard, the political forces have to show flexibility. Imran Khan has now expressed his consent for negotiations, but currently the parties in the PDM alliance are shying away from negotiations.
Now the situation has reached such a point that everyone should put aside their egos and become a part of the common effort for the welfare of the nation and find a middle way and conduct elections according to the constitution and law so that the unfortunate people who are hit by the hardships will be able to do so. Some may be relieved.
In view of the problems faced by the people due to the recent wave of terrorism, economic challenges and the worst inflation in the country, an important meeting of the National Security Committee was chaired by Prime Minister Shahbaz Sharif, in which public relief has been given priority.
It is a welcome thing that the government is busy trying to take serious measures for public relief, but will these measures be implemented, only time will tell?