Judicial Activism in Pakistan
International human rights groups and proponents of democracy and judicial independence everywhere would be happy to note that Pakistan's highest judiciary has applied a brake on summary executions being handed down by the special military courts in Sind. Until a supreme court hearing settles the fundamental constitutional question as to whether the military courts are themselves 'legal' the death verdicts delivered by them are to remain suspended. The two executions that have already taken place and the spectre raised about some more to come, including the four on the death row, must have shaken the sensibilities of many in the SAARC region. More than that perhaps it has caused many to bemoan the fact that an elected government enjoying an overwhelming popular mandate couldn't resist resorting to a virtual promulgation of military rule in a particular part of Pakistan. If the military courts were imposed from any noble or altruistic instincts, some justification could perhaps be claimed in their defence but there is no mistaking the fact that the move was entirely prompted by political considerations to punish the MQM for having broken away from its alliance with Nawaz Sharif-led Muslim League. Whether the calling of the military 'in aid of civil authorities,' ramified with special military courts and even the 'final appeal' also lying with such courts, has been 'constitutional, extra-'constitutional or unconstitutional' will be decided by the Supreme Court in due course. But suffice it to say at this moment that as a colleague SAARC nation we expect Nawaz Sharif to rule with greater circumspection, especially when he has his hands full with problems of disharmony, including the latest one - the Shia-Sunni conflict.
The unfolding sign of judicial intervention in Pakistan sounds more principled and substantive than the row over some judicial appointments that we saw between the Pak PM and an erstwhile Chief Justice during the former's early days in power.
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