By Faisal Kamal Pasha
Islamabad: Special Assistant to the Prime Minister on Interior Affairs and Accountability Irfan Qadir has said that the judiciary in Pakistan has become controversial and it can restore its credibility only if it reviews and does away with its controversial decisions (of the past).
Talking exclusively to We News, Irfan Qadir said that when the Supreme Court makes a mistake, it pains him the most because he wants to see the Supreme Court free from mistakes.
He further said that the government of Hamza Shahbaz Sharif in Punjab was wrongly overthrown. Similarly, the Supreme Court has overstepped from its mandate by giving the date of elections in two provinces. “The Panama verdict wrongly overthrew the government of Nawaz Sharif. Yousaf Raza Gillani, Talal Chaudhry and Nehal Hashmi all suffered at the hand of the top court. Above all Zulfiqar Ali Bhutto, whose review petition is still pending in the Supreme Court, had the suffer. All these cases should be reviewed by the full bench of the Supreme Court and these decisions should be overturned. This will only change the (negative) perception of the judiciary,” he said.
Irfan Qadir said that the way Article 63-A was interpreted, judges of the Supreme Court said that the Constitution has been rewritten. “I am not saying this. The media has peened the like-minded bench. The way judicial jurisdiction is being exercised in suo motu cases…. the impression of bench fixation is deepening… and there should be legislation on these matters,” he said.
Irfan Qadir said that the Pakistan Tehreek-e-Insaf should not have resigned from the parliament and instead played the role of an effective opposition.
He said that when the 18th Amendment case was pending in the Supreme Court, Raza Rabbani told him at a seminar that he had been told by the then chief justice to increase the number of judges in the judicial commission.
Irfan Qadir said that personally, he was against the law of contempt of court and that this law should be implemented only when a court order is not being implemented. He said that there is a concept of superiority within the judiciary and an impression is given as if the judges are holding a very high position. “In fact, it is a wrong concept, constitutionally and legally, the judges are public servants and our constitution talks about respect for humanity and not respect for judges,” he said.
Referring to one of his cases, Irfan Qadir said that when he appeared in the court, he said that it seems that respect lies only on other side of the rostrum and we have no respect. Irfan Qadir said that before the selection of judges, they should also have to undergo a psychological test. “Some judges are insulting the entire judiciary.”
Responding to a question about some audio leaks of judges recently, he said that the Supreme Court should call all parties and investigate them and prove that these audios were fake.
We asked why courts fail to comply with their arrest warrants, Irfan Qadir said that there is a background to this problem. In the beginning, the courts remained involved in some political matters and the impression that the courts have a soft corner for someone is part of the same soft corner we are seeing today. “Those who are not complying with these warrants, their morale has increased a lot because they are getting concessions from the courts, which is not happening anywhere in the world.”
“I think Imran Khan’s lawyers don’t come to courts with preparation and they seek dates (to drag and delay the hearing). Otherwise, cases against Imran Khan can be disposed of in a few hearings.”
Irfan Qadir said that an erroneous decision was given against Maryam Nawaz Sharif in the Panama case and when he appeared in the Islamabad High Court, he submitted all arguments (verbally) and in writing at two to three hearings. He said that the next dates are sought by lawyers who feel that their case is on a weakening footing.
When asked if the Panama case aimed at regime change and the judges were involved in the change of government, Irfan Qadir said that the facts he collected seemed political engineering had been done. He said that there were two types of judges in the Panama case. One was a little too enthusiastic and the other got swept away by the impression created by the media.
He said that the judges who took influence from the media made a serious mistake even though their understanding of the law was very high. He said that these judges did not take the decision on the basis of law. Irfan Qadir said that judges should not be influenced by popular perception or popular sentiment. The decision should be the one that is valid for the pursuit of justice and in harmony with the law.
More enthusiastic judges made frequent decisions in the same direction. Just see the judge mentioned in Khan Mohammad Bhatti’s video. “That judge gets very emotional after hearing something and it was the mindset that seems to be involved in political engineering,” Irfan Qadir said adding that whenever there is an independent inquiry, things will come out in the open.
When asked what is the role of the judiciary in the political chaos in the country which has turned into economic chaos, Irfan Qadir said that the day the Supreme Court gave the date for elections, the stock market crashed. Irfan Qadir said that the judiciary is interfering in the domain of the legislature. First Article 63-A was misinterpreted and then it was said that elections will be announced by the president despite the fact that the president can announce elections if they are held simultaneously across the country.
Irfan Qadir said that “I think the lawyers did not guide the Supreme Court properly in this case.” He said that nowadays, in order to save their practice, lawyers talk about what judges want to hear. “I was very sorry for this decision. After the reinstatement of (former chief justice) Iftikhar Chaudhry, many lawyers became judges who had no experience in constitutional cases.”
