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Pak SC hits back
Published in The Saudi Gazette on 17 - 10 - 2010

AN alleged ‘plot' by the government to send the Supreme Court packing was breathlessly released into the 24-hour TV-news cycle Thursday evening. The report rapidly metastasized and within hours the SC swung into late-night action and announced a full-court hearing for Friday morning. The government has now been ordered to conduct an inquiry into the circumstances surrounding the news reports and to affix responsibility – the court having made clear it believes there is some truth to the allegations, said the Dawn in an editorial published Saturday. Excerpts:
Three players are involved in this sordid tale of rumour and intrigue, and all need to reflect on their behavior. First, the media. That there are tensions between the government and the superior judiciary is undeniable, and if a news organization has a story of public interest regarding the perceived judiciary-executive ‘clash' then it has a right, even a duty, to broadcast or publish the story. But there are journalistic responsibilities, too, and those include needing to be reasonably sure of the veracity of allegations that are to be made public.
Next, the judiciary. To be sure, given recent history and the personal price many of the judges of the SC have paid to create an independent judiciary, to some extent it is understandable the justices may feel a heightened sense of pressure and threat to their position. However, a judiciary is supposed to add to the dignity and poise of the state, not add to a sense of national political crisis. Setting aside the matter of intention for a moment, it seems fairly obvious the chances of a government-sponsored move to disband the entire SC succeeding are quite remote. So middle-of-the-night meetings and full-court emergency benches are perhaps unnecessary, there being less disruptive ways and means available to the court to ensure its independence.
Finally, the government. Would it harm the government to once in a while take the high road? With emotions running high in the SC yesterday, the responsible, stability-enhancing thing to have done was reassure the court. Alas, common sense appears to be in short supply in Islamabad. __


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