Supreme Court’s remarks against SAPM health: Crises when power is wielded without responsibility, says Aitzaz

KARACHI: Senior Barrister and PPP leader Aitzaz Ahsan has said tough crises befall the nations whose institutions wield tremendous power without any attached responsibility.

Talking with a private news channel, Aitzaz Ahsan said the judiciary has vast powers but every time the responsibility of action falls on the Establishment and politicians. Referring to the order of sacking Special Adviser to Prime Minister on Health Zafar Mirza, he asked how is that possible when we are thick into the coronavirus health emergency. He said it is solely the prime minister's discretion whom to appoint as his SAPM. Aitzaz said by passing a strong observation against Zafar Mirza, the Supreme Court has exhibited that it only enjoys the power to do so. But the responsibility of action lies with the government and the SAPM and not with the Supreme Court. We will see how the courts perform if they take up Mirza's responsibility. I have never met Mirza who is a technical expert managing the health affairs professionally and to the best of his ability given the constraints of the job. The coronavirus is fast spreading and has now even entered the judge's chambers but who is responsible for that. Would Zafar Mirza be held responsible for that negligence or a judge or the CJP and who should go home for that.

The Covid-19, Ahsan, said is a new and a serious threat to mankind about which very little is known and has already subdued powerful countries like the US, UK, France, Italy but nowhere has any Supreme Court or a judge took a suo motu notice to address it. He called it a medical and scientific issue and not a law and order or an administrative issue that could be handled by the courts. Judicial overreach at this time would pose to be an obstacle, Aitzaz said. In the resulting confusion, he said the doctors and scientists would wait for directions from the apex court while patients continue to die.

Aitzaz Ahsan asked the judiciary to allow a free hand to those addressing the ground realities of this crisis or else all of the 17 judges must take over the powers of the commissioner, take responsibility and deliver. Questions will be asked why a particular medicine was not given to a patient or was not sent to another hospital and why the quarantine was set up in DG Khan and not Bahawalpur or why wheat was not transported. This will open floodgates to questions and only then you would understand how the Sindh government is paralysed by needless judicial interference in the executive.

Ahsan said the Supreme Court has given a verdict that every decision must be approved by the cabinet which is not practically possible many times. Similarly, could it be said that only a full bench will adjudicate on cases and not the single bench, would in that case the entire time the full bench alone will work and no one else. He said this is too much encroachment on the executive and the judiciary must avoid this particularly at this time of severe crisis to life.

The barrister said there is no doubt over holding the judiciary in utmost respect and we all do it. Recalling the struggle for the restoration of judiciary during the Musharraf era, he said he struggled for their restoration but we will not allow our sincere intentions to to be put into question.

Aitzaz said he feared that the pandemic will peak in Pakistan and in view of this, both the Ulema and the judiciary must tread the path very carefully. He said partial lockdown will not work out and is not good enough. Aitzaz said being in the opposition, he does not agree with many policies of the government but if the courts suspend ministers, summon advisers that would not be helpful in this crisis. Irrespective of being a cop, prime minister, opposition leader, a general, this is not the time for scoring brownie points and we must unite to confront the challenge to life.

He said for corrupt, the action must be taken under the existing anti-corruption act. The Supreme Court cannot unilaterally decide that a person is corrupt and send the case to NAB. When the courts decide to remove people on the allegation of corruption, it brings the judiciary under disrepute. This cannot be allowed to go on. It is incumbent that all the institutions, Aitzaz said, work in their constitutionally-defined parameters, particularly those who determine those. He said the country can only prosper if the institutions determining the parameters do not trespass.

Ahsan said during Ziaul Haq's martial law, the Supreme Court's writ petition was abolished but all the judges took oath under that PCO, but we went to prisons for protesting against that. But, Aitzaz said our patience and tolerance are also wearing thin now. We also want to be respected and honored. During this crisis, the behaviour and attitude of the federal government against Murad Ali Shah-led Sindh government is sad. Shah is an action-oriented and level-headed chief minister. Aitzaz said under Article 19, the opposition is well within rights to criticise the government. But if a Supreme Court judge criticises the government, the intensity multiples manifold like crippling a person's actions by fetters and cuffs.

The apex court judiciary must realise the impact of their power on other institutions and feel hurt by the observation from the apex court. The suo motu on coronavirus is tantamount to the apex judiciary trying to find out if the chief of the army staff is adopting the correct strategy to fight. This is not the job of the apex court who must stick to providing justice to the common man. Aitzaz said the court must allow the government and experts space to do what they are supposed to do or else we all will lose in the confusion.