By Justice Markandey Katju–
(Justice Markandey Katju is a former Judge, Supreme Court of India, and former Chairman of, Press Council of India. The views expressed are his own)
The Punjab Government in Pakistan has banned meetings with former Prime Minister Imran Khan in Adiala jail by his lawyers and close relatives for 2 weeks (a period which may well be extended later). This was done despite an order of the Islamabad High Court permitting such meetings with persons approved by Imran Khan.
The said ban is ostensibly for “security reasons.” This is gross contempt of the court’s order. If the Punjab authorities had any such security concerns, they should have filed an application before the Islamabad High Court praying for modification/cancellation of its order, giving their reasons, and only if the High Court granted such a prayer could they have put a total prohibition.
Evidently, court orders are flouted with impunity in Pakistan. Even the Pakistan Supreme Court’s order fixing elections for the Punjab Legislative Assembly for May 14, 2023 was simply thrown into the wastepaper basket, with the then Pakistan Interior Minister Rana Sanaullah openly saying it would not be obeyed, come what may.
The purpose of a judiciary is that it is in the nature of things that there will be some differences among the people, and between the people and the government, and hence there must be a forum where such disputes are resolved peacefully. Otherwise, they would be resolved violently, with guns, bombs, swords or lathis. That is why all human societies, in all ages, have had a judiciary.
However, this presumes that orders of judges will be obeyed. If such orders are not obeyed there will be violence, and the law of the jungle.
Unfortunately, in Pakistan, court orders are often simply ignored, and the court does not enforce them by contempt of court proceedings. The Pakistan judiciary has been made totally servile to the Pakistan establishment (meaning, its military).
The behavior of the Chief Justice of Pakistan, Qazi Faez Isa, is clear proof of this. He gave a flagrantly dishonest judgment denying former Prime Minister Imran Khan’s PTI party, which the army despises, its symbol in the recent parliamentary elections, to harm it.
He is more interested in hearing futile and old matters, such as the validity of Bhutto’s trial, the case against the dead Gen Musharraf, and the Faizabad dharna case, rather than contemporary and important cases such as the bail applications of the 14,000 persons arrested on trumped-up charges after the events of May 9, 2023 and incarcerated in jail in inhuman conditions, or the cases of Imran Khan and other PTI leaders.
The Punjab government’s excuse for not complying with the order of the Islamabad High Court is specious. Surely the Pakistan security forces (i.e. the army, the paramilitary, and the police) can provide enough security around Adiala jail, where Imran Khan has been incarcerated since early August last year? His lawyers and relatives can be frisked before allowing entry into the jail.
What then could be the reason for the Punjab government to pass such a draconian order? The real reason could be that through his visitors, Imran Khan was passing messages to the people of Pakistan and the whole world, which the establishment found unpalatable.
They think he may call upon the people of Pakistan to hold huge demonstrations, and ask the IMF to not give any loan to the Pakistan Government until the allegations of massive rigging in the elections held on February 8 were thoroughly investigated.
Whatever may be the case, dark times have descended in Pakistan.
