Moeed Pirzada’s strange logic

By
Justice Markandey Katju
-

I had written an article ( given below ) about the hearing in the Pakistan Supreme Court on the petition challenging postponement of elections to the Punjab and KP Provincial Assemblies, in which I said that in view of the clear mandate in Article 224(2) of the Pakistan Constitution that elections must be held within 90 days of the dissolution of the Assembly, there was really nothing for the Court to decide, and the hearing should have been over in 5 minutes..

What is there to decide?

The eminent Pakistani journalist Moeed Pirzada quoted my article in detail in his video show

https://www.youtube.com/watch?v=BXdGGigulGY&t=1625s&pp=ygVad2lsbCBwYWtpc3RhbiBzdXByZW1lIGNvdXJ0IHN1Y2NlZWQgaW4gYWN0aW5nIGFzIGEgamlyZ2EgYmV0d2VlbiBwZG0gYW5kIHB0aSBtb2VlZCBwaXJ6YWRh

While accepting my view, Moeed Pirzada has contradicted himself. He says that I am both right and wrong.

He had to concede that in view of Article 224(2) I was right. But then he goes on to say that if the Supreme Court follows Article 224(2) its decision will not be accepted. The Court therefore perceives itself to be less of  a Court and more of a political forum, mediation centre, or jirga,otherwise the ruling PDM will blow it up ( uda denge ). He says that I am looking at things only from the legal angle, and that the Establishment does not want early elections.

This is a strange logic.

A Court is a Court, not a political forum, mediation centre, or jirga. It has to decide cases in accordance with the Constitution and the law, not according to a consensus of the contending parties, or the wishes of the Establishment. If it is to give ‘acceptable’ decisions, then no decision can ever be given, because the losing party can always say it does not accept the decision. So ‘acceptability’ can hardly be a ground for a Court not to follow the law.

Moeed Pirzada says that there is no law in Pakistan. If that is so, why have a Constitution at all ? Why have Judges? They should be asked to pack up and go home ( as Gen Musharraf told the Chief Justice of Pakistan in 1999 ).

I am afraid Moeed Pirzada has blown hot and cold  together

 

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