It was born from the fear of the unknown

The eight-judge court decision of July 12, 2024, continues to affect children like the 'Katheer-ul-Awlad Buhran'. He took birth in the form of a camel with no straight hump. Now he has become the proverbial "A bull in the China shop".

The "Talsim Hosh Riba" started when the current political party of the Islamic Republic of Pakistan Tehreek-e-Insaf could not hold internal elections as per its constitution despite repeated reminders.  And under the Election Act 2017, she was deprived of the election symbol. Candidates supported by him had to contest the elections as 'Independents'. On February 21, the Election Commission released the notification of the successful candidates. On February 22, 80 successful members claiming affiliation with the PTI joined the Sunni Unity Council at the direction of their leadership. Thus they fulfilled the requirement of the constitution and law. Under which independent candidates have to decide to join a party or remain independent within three days.

After being locked in the cage of the Sunni Ittihad Council for five years, these candidates lost the power to change their decision for the future. No PTI member has approached the Election Commission, the Speaker or any court to change his decision till date. With its sights set on allocated seats for women and minorities, the Sunni Etihad Council approached the Election Commission after emerging as a significant parliamentary party. One member opposed his request, out of four. The Peshawar High Court, also referred to as the Mother of Mushfiq of the PTI, was promptly contacted by the Sunni Unity Council. On March 14, the appeal was denied by a bench of five senior justices, who affirmed the Election Commission's ruling. A Supreme Court appeal was filed by the Dil Rahdah Sunni Ittehad Council.

A bench consisting of five senior judges rejected the appeal on March 14 and upheld the decision of the Election Commission. Dil Rahdah Sunni Ittehad Council filed an appeal in the Supreme Court.

Let's take a little break here and move on. The appeal filed in April was yet to be heard when the Judicial Commission met under the chairmanship of Chief Justice Qazi Faiz Isa on May 3, 2024. Three senior judges, Justice Mansoor Ali Shah, Justice Muneeb Akhtar and Justice Yahya Afridi also participated in the meeting. A member of the commission, Prime Minister Nazir Tarar revealed that the government plans a constitutional package for increasing the number of members of the commission and some other related matters. Such unconfirmed reports were already adorning the media that the government wants to retain Justice Faiz Isa by increasing the age of the judges, or by extending the term of office.

Let's take a little break here and move on. The appeal filed in April was yet to be heard when the Judicial Commission met under the chairmanship of Chief Justice Qazi Faiz Isa on May 3, 2024. Three senior judges, Justice Mansoor Ali Shah, Justice Muneeb Akhtar and Justice Yahya Afridi also participated in the meeting. A member of the commission, Chief Law Minister Nazir Tarar revealed that the government plans a constitutional package for increasing the number of members of the commission and some other related matters. Such unconfirmed reports were already adorning the media that the government wants to retain Justice Faiz Isa by increasing the age of the judges, or by extending the term of office.

There was also a statement from Qazi Sahib that the government should start this discount with the Aniwals after me. However, the 'Judicial Commission' meeting on May 3 sounded such an alarm that the candidates lined up for the post of Chief Justice had sleepless nights. The fear of 'them' started creeping in the veins. He decided that somehow the government should not get a two-thirds majority so that constitutional amendments cannot be made.

Just three days after the Judicial Commission meeting, on May 6, the Sunni Ittihad Council's appeal came up for hearing. On the same day, the bench headed by Justice Mansoor Ali Shah lifted the lid from the brink of the crisis volcano by suspending the decision of the Peshawar High Court. The constitutional oath of the judges declares that... "I will do justice according to the law without fear or concession and without greed or malice" in every situation. I had said in a column that in constitutional and legal matters, hardly any decision of our judiciary with "bright traditions" is free from these four constitutional prohibitions "fear, concession, temptation and obstinacy". Thirteen member full court sat. Eight members declared that the special seats would not be given to the appellant party, Sunni Ittehad Council. These will be given to the PTI which went to the Election Commission for these seats, not to the Peshawar High Court, nor to the Supreme Court. Among the decision-makers were three hopeful judges of the future, Justice Mansoor Ali Shah, Justice Muneeb Akhtar and Justice Ayesha Malik. The spell of their "fear" began to speak loudly.

Soon after this strange decision came down, on July 15, the Muslim League (N) filed a review petition. On July 18, according to the 'Practice and Procedure Act', the Chief Justice and the two senior members met, then Qazi Faiz Isa insisted on the urgent filing of a revision appeal regarding this important case. Justice Mansoor Ali Shah and Justice Muneeb Akhtar said that "it will be seen after the court holidays."

On July 23, the People's Party also filed a revision request. It is not known where these applications are lying in dirty files. Six days after the verdict, on July 18, the Election Commission sent a reference for guidance regarding some constitutional and legal difficulties arising from the verdict. The answer was mysteriously posted on the website 55 days later, on the evening of September 14, when Islamabad was abuzz with the news that Parliament was going to pass the constitutional package tomorrow, September 15.

The shadows of 'fear' deepened. Now the Chief Justice has raised nine questions on this 'clarification'. The multilateral and eight-pronged decision of July 12 has become a huge 'crisis'. Perhaps because the decisions given under the influence of "condescension, attraction and anad" also have a little bit of a head, a little head to toe. Even for Lipa Puti, one has to play with the waxy nose of the Constitution and the law. "Fear" demands an immediate and immediate reaction. If the hands and feet are swollen, it becomes impossible to open the book of the constitution and look at the rules of law. "Fear", without reason and logic, gives rise to nervousness that first distorts the issue and then turns it into a crisis. The government has made it clear that no proposal to extend the age or tenure of judges is under consideration. There is no such thing in the proposed package of constitutional amendments. But the "self-inflicted fear" of being deprived of a position has brought the entire state to turbulent waters.

Today, it is known that five letters from the four provincial assemblies and the National Assembly have been sent to the Election Commission seeking a response. The Chief Justice has issued a nine-point question paper. PTI has approached the Supreme Court with a fresh petition. The detailed decision of July 12 is yet to come out. The revision applications of Muslim League (N) and PPP have been pending for two months.

The decision born out of the fear of them is becoming a demon and the country surrounded by innumerable problems is burning in the pyre of "desire for office and position". Justice Muhammad Shahabuddin, who became the Chief Justice for only 9 days, did not remain, nor did Justice Muhammad Haleem, who held the post for 9 years. May the name of Allah be. So, it is good that the 'fear' of losing the position should not be allowed to dominate the constitutional and legal requirements.