Judicial activism finds space when executive is uncertain

ISLAMABAD: Mehmood Mandviwalla, President of SaarcLaw, addressed the inaugural session of a conference on human trafficking in New Delhi, India.According to a press release received here Saturday, Mandviwalla emphasised that judicial activism comes into play when there is legislative short-sightedness and executive arbitrariness. While politicians and constitutional lawyers criticise such activism, it is welcomed by the public.

Mandviwalla said the Supreme Court of Pakistan and Justice Mian Saqib Nisar is doing what Justice Krishna Iyer said “using judicial activism as a device to accomplish the cherished goal of social justice”. The conference was addressed by the chief justice of India, the acting chief justice of Delhi High Court and the attorney general of India KK Venugopal.

Mandviwalla further said that when the most gravest and disturbing form of abuse takes place, it is this very activism that must play its role through innovative means. In curbing human trafficking, judicial activism must go several steps beyond to review and give direction to the states and their respective law enforcement agencies and direct governments to formulate and continuously review their policies to eliminate this menace.