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'Politicised' SC could end up dissolving democratic Pak Govt: ICG president | International Crisis Group president Justice Arbour
has said it is possible that Pakistan's Supreme Court could end up dissolving
the democratically elected government with the help of the military, putting in
place an extended caretaker government, in what would be, for all intents and
purposes, another coup. Justice Arbour said the current tension between Pakistan
's Supreme Court and the country's elected officials might seem like a political
soap opera, were it not for the court's history of collusion with the military
to suppress democracy, reports the Daily Times. Justice Arbour's interest, during
her visit to Pakistan , was in the view of the legal community, whom she found
deeply divided, seemingly on political lines. This troubled her, who worries that
Pakistan 's Supreme Court has become increasingly politicised, threatening its
credibility. She pointed to the Memo Commission, which she said "reflected very
poorly on the judiciary", and added to the appearance of growing politicisation.
The present case, in which the Supreme Court has ordered the prime minister to
write a letter to the Swiss authorities requesting to reopen graft cases against
the president, adds to the appearance of an increasingly politicised judiciary.
Justice Arbour was also clear that her concerns about the Supreme Court's actions
do not imply a disinterest in accountability. There is a misconception that presidential
immunity is unprecedented, she said. Article 248 of Pakistan's Constitution, which
grants temporary immunity to Pakistan's president, prime minister and governors,
is clearly worded, said Justice Arbour; and that privilege exists for a reason
- to allow government officials to perform their official duties without distraction.
Justice Arbour is not the only former Supreme Court justice to express grave concern
about the direction of Pakistan 's Supreme Court. Last month, Justice Markandey
Katju, a former member of the Supreme Court of India, wrote a detailed explanation
for his concern that Pakistan's Supreme Court is "playing to the galleries and
not exercising the self-restraint expected of superior courts".
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