One of the first precepts of justice is that most trials and court hearings must be open to the public to demonstrate the fairness, integrity and impartiality of the law. Unless there is a genuine security threat or the case involves a minor or a rape victim, there is no legitimate reason to limit access to a trial. This principle was flouted on Monday as Interior Minister Ahsan Iqbal and other PML-N leaders and lawyers were denied entry while accompanying Nawaz Sharif to a NAB court hearing regarding graft cases against the former PM. And, as per reports, journalists were also prevented from attending the hearing. The interior minister has angrily spoken up regarding the incident, asking who had issued the orders to the Rangers, a paramilitary force that falls under his own ministry. The Rangers have claimed that they had been ordered by the presiding judge to deny entry to these persons, but the court has denied it had given any such directives; and constitutional experts point out that even had that been the case, the order would have had to go through the interior ministry which controls paramilitary forces. The chief commissioner of Islamabad has also made it clear he did not ask the Rangers to keep people out of the courtroom.
Ahsan Iqbal has quite rightly pointed out that the Rangers should be subordinate to the interior ministry when it comes to their domestic law-enforcement work and has said he will resign and not abide being a puppet interior minister. The Rangers are meant to be a supplement to civilian law enforcement – not their superiors. Reportedly, the Islamabad chief commissioner had drawn up a list to apportion space to the media and supporters of Nawaz Sharif in the courtroom. Yet, for some reason, the Rangers decided not to follow this. This sort of thing, as Iqbal has said, only happens in a military dictatorship where trials are conducted behind closed doors and justice is not seen as being fairly dispensed.
The question is really a simple one: if the interior minister had no knowledge about the restricted entry to the hearing, ensured through the use of the Rangers, then who had directed the force to act in the way it did? The reported refusal of the Rangers’ commanding officer to meet Iqbal for 15 minutes after he had been summoned adds to the sense of disquiet. The impression this action has ended up giving is that the organs of the state are not on the same page. What makes it even worse is our history of institutional clashes and the imbalances in power between institutions. There are those who are ready to pounce on any opportunity that shows various institutions in Pakistan not acting in harmony. This action against the interior minister and other PML-N leaders, be it intentional or accidental, will be perceived by others as institutions not being answerable to a democratically-elected government. Needless to say, this is bad for the stability of the country. Nawaz Sharif has already talked of forces arrayed against him and the Rangers action only feeds that narrative. From day one, the Panama Papers leaks and the cases they have led to have been filled with controversy. This highly irresponsible act has unnecessarily added to that.