January 10, 2024

Controversial judgment of Pakistan’s Kangaroo Supreme Court

By Abdus Sattar Ghazali

In an expected decision, Chief Justice of Pakistan’s Supreme Court, Justice Qazi Faez Isa Monday overturned life time ban on the former Prime Minister Nawaz Sharif to contest forthcoming elections in Pakistan.

In 2018, the Supreme Court had disqualified Nawaz Sharif following revelations in the Panama Papers leak of unaccounted wealth belonging to his family, notably four residential apartments in London’s upper-class Mayfair neighborhood. He was found guilty of corruption in 2018, sentenced to 10 years in prison and disqualified from holding public office.

Last Monday’s ruling came amid a bitter power struggle between Sharif’s Pakistan Muslim League Nawaz party and the Pakistan Tehreek-e-Insaf(PTI) party of his arch-rival, the former prime minister and cricket star Imran Khan.

Not surprisingly, attorney Intazar Hussain Panjutha, described the scrapping of the ban as the "death of law and the constitution."

Interestingly Qazi Faez took oath as Chief Justice of the Supreme Court on September 29, 2023 while Nawaz Sharif returned home on October 20, 2023, ending four years of self-imposed exile in London because he was optimistic that Chief Justice Qazi Faiz Isa will provide him the desired relief. Chief Justice Qazi Faiz Isa provided this relief on January 8 when he overturned his disqualification.

There are over 56,000 pending cases in the Supreme Court however Justice Faez Isa ignored the mountain of pending cases but decided the case of Nawaz Sharif’s disqualification on urgent basis.

Who is Justice Faez Isa?

It may be pointed out th Justice Qazi Faez Isa is a controversial judge. In March 2016 a petition was filed in the Supreme Court against his appointment directly as the chief justice of the Balochistan High Court and his elevation to the Supreme Court of Pakistan. The petitioner attorney Zafar urged the need to ensure self-accountability of the judiciary to examine the process regarding the appointment of judges. He said no one could be appointed as chief justice directly, adding that consultation of the then Balochistan chief minister was missing in Justice Isa’s case. However, in 2018 the petition was rejected.

Similarly, in May 2019, President Arif Alvi had filed a reference against Justice Isa saying that

the judge had acquired three properties in London on lease in the name of his wife and children between 2011 and 2015, but did not disclose them in his wealth returns. In a rejoinder Justice Isa argued that he was not under obligation to provide the money trail for his family's properties. In June 2020, the supreme court rejected the reference but asked the Commissioner of Inland Revenue and tax authorities to issue notices to Isa's spouse and children to explain the nature and source of funds regarding properties in the UK.

Kangaroo court

Although Pakistan’s judicial system has always supported the army dictators but in recent years it has deteriorated further. Pakistani court have become Kangaroo Courts since they are implementing agenda of the ruling elite to keep one popular leader Imran Khan out of the elections scheduled to be held on February 8, 2024.

Imran Khan, now in jail, faces around 200 cases with the connivance of the judicial system.

The term Kangaroo Court may apply to a court held by a legitimate judicial authority which intentionally disregards the court's legal or ethical obligations. Ostensibly, the term comes from the notion of justice proceeding "by leaps", like a kangaroo – in other words, "jumping over" (intentionally ignoring) evidence that would be in favor of the defendant.

Alarmingly, Pakistan Supreme Court is becoming closer to this definition.  Not surprisingly, in December 2023, Transparency International identified Pakistan judiciary as the most corrupt institution after police.

Banana republic

It will not be too much to say that Pakistan has become a banana republic. A banana republic is a politically unstable country with poor economy and corrupt political system. The societies of banana republics are typically highly stratified, consisting of a small ruling-class of business, political, and military leaders, and a larger impoverished working-class.Banana republics are characterized with unequal distribution of wealth and resources. By exploiting the labors of the working class, the oligarchs of the ruling-class control the primary sector of the country’s economy, such as agriculture.

Tellingly all this applies to Pakistan.

Corruption in the sense of civil and military servants and Public officials and politicians of Pakistan pocketing public funds or taking bribes is too well known and documented by in-country and international agencies, to be worthy of any unusual notice. After all, the country has had the dubious distinction of being on the top of the list of corrupt countries several times

Alarmingly, with deteriorating economic conditions, poverty in Pakistan rose from 34.2% to 39.4% in just one year, with 12.5 million more people falling below the poverty line of the $3.65 per day income level, according to World Bank report of 2023. About 95 million Pakistanis now live in poverty. Pakistan also has the lowest per capita income in South Asia and highest out-of-school kids in the world.

Abdus Sattar Ghazali is the Chief Editor of the Journal of America (www.journalofamerica.net) email: asghazali2011 (@) gmail.com
 

 

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HEADLINES

 The Journal of America Team:

 Editor in chief:
Abdus Sattar Ghazali

Senior Editor:
Prof. Arthur Scott

Special Correspondent
Maryam Turab