SC rejects Imran’s plea against rule change: ‘Politicians passing the buck’
One may disagree with a supreme court’s decision but one must respect it as long as it is according to the law and has strong legal arguments to back it. This especially after the whole nation is euphoric that we, the people, have finally freed our courts of government intervention. All might look bleak but at least as long as we have independent courts, there is hope. SC had further reassured the nation by taking some really bold decision in past few months.
I would normally be whole heartedly accepting this decision by the SC but what muddles the waters and leaves a sour taste in my mouth is this comment from Justice Faqir Mohammad Khokhar who was part of the bench that delivered their decision. Justice Khokhar argued, “We must be sensitive at this juncture that power has to be transferred from military to civilians”. This is a political statement, law must be interpreted regardless of what the perceived ground realities are. Justice Khokhar’s statement has the easily discernible stink of the abominable doctrine of necessity that has been used several times to legitimize military rule in Pakistan. The so-called doctrine of necessity has made a mockery of Pakistan’s judicial system and is commonly believed to be one of the main reasons why army has ruled the country directly or indirectly throughout its history. After all that transpired between March 19th and July 20th, are we still looking at the skies for miracles? Too early to decide, the arguments given by the court to support their latest decision were nevertheless disappointing.
