Constitutional crisis may get worse

The upcoming week is of utmost importance, as there is a looming possibility that the constitutional crisis situation in the country may rapidly deteriorate, potentially necessitating intervention from the powers that be.

In such a scenario, the relevant constitutional provision or law outlines the formation of an emergency and interim government that may be in place for up to a year to stabilise the economy and conduct national elections.

Pakistan's constitutional order is currently under threat due to the ongoing conflict between the Supreme Court and the PDM. This collision has created a precarious situation that could potentially undermine the stability of the country's political system.

The Pakistan Democratic Movement (PDM) President, Maulana Fazlur Rehman, accused Chief Justice Pakistan (CJP) Umar Ata Bandial of imposing "judicial martial law" in the country. In a press conference held in Islamabad on Saturday, Fazlur Rehman stated the CJP has taken over the powers of the Election Commission of Pakistan (ECP), Parliament and the government, and has even announced the Punjab election schedule, which he believes is the responsibility of the government. He alleged that a "judicial martial law" has been imposed in the country, stressing that only Parliament is responsible for legislation.

The PTI is in support of CJP, while the PDM is in opposition. Imran Khan recognises the tireless efforts of the CJP and his fellow judges in upholding the Constitution by ensuring that elections are held within a 90-day deadline.

It is important to note the contrasting stances of the PTI and PDM regarding this matter. The PTI's support for the CJP highlights their commitment to upholding the rule of law, while the PDM's opposition raises questions about their stance on constitutional matters including the CJP's discretionary powers on bench fixing.

The situation has escalated with a complaint of misconduct filed with the Supreme Judicial Council (SJC) against the Chief Justice of Pakistan (CJP) and seven other apex court honourable judges seeking their removal from the offices. Mian Dawood Advocate filed the complaint against the Chief Justice and other seven judges under Article 209 of the Constitution.

The complaint highlights the Chief Justice's alleged behaviour towards his colleagues and the friction within the Supreme Court, which has pushed the country to the edge of constitutional crisis. The reference also points out the CJP's alleged propensity to extend his authority into administrative matters by asking the SBP Governor personally to provide funds for Punjab's elections, despite the fact that government institutions are required to abide by the cabinet decisions.

The situation has further complicated matters. Many observers are comparing the current crisis to the 1990s, where two probable endings for the Supreme Court crisis occurred when Justice Sajjad Ali Shah and the government went head-on collision. The current crisis started from contentious 4-3 vs 3-2 verdicts of the Supreme Court, plunging the country into uncertainty.

The Supreme Court and the Parliament are both hurtling towards irreparable damage, with the former likely to sustain significant harm regardless of when general elections are held.

This would be a severe blow to Pakistan's justice system and the country as a whole. However, there is still hope for the Parliament to recover.

Despite the numerous challenges facing the country, it is unfortunate that sanity has not yet prevailed. The situation in Pakistan is a cause for concern. Should the nation reach the final stage of constitutional and political instability, God forbid, it is imperative that measures be taken to prevent a power vacuum. It is crucial that all parties involved work towards a peaceful resolution to safeguard the country's constitutional order.

As an ordinary Pakistani, it is important to recognise the gravity of the current situation. If you still believe that this is merely a 90-day election issue, you are missing the bigger picture.

This is, in fact, the most significant constitutional crisis of our time, and everything else pales in comparison. The third pillar of our state is imploding before our very eyes, and it is imperative that we acknowledge this power play for what it is.

Legal professionals have a responsibility to speak out against this injustice and protect the integrity of our democracy. Let us not turn a blind eye to the erosion of our fundamental rights and freedoms. Instead, stand together and fight for the principles that make our nation great.

Jan Achakzai is a geopolitical analyst, a Balochistan politician and a former media and strategic communications advisor to GOB. He tweets @jan_Achakzai