Zeshan Haider
THERE was a time when Sessions Judges were administratively subordinate to the Deputy Commissioner, but with the passage of time numerous complications began to erupt and a never-ending power struggle between the two institutions began which grew day by day. Later on the subordinate judiciary was separated from the administration and the district judiciary was subordinated to the high courts, but despite this separation, the war for powers and supremacy in the institutions did not end.
Hundreds of contempt of court cases in our country’s district courts and high courts are pending. Courts issue orders but with various tricks and excuses, bureaucrats throw court orders in the trash. In Sahiwal Tehsil of Sargodha, a civil judge recently handcuffed the Assistant Commissioner in a crowded court for non-compliance with court orders. Civil Court issued orders several times but Assistant Commissioner did not comply with court orders.
The Civil Court issued arrest warrants and later on the Assistant Commissioner along with his staff appeared in the court and Assistant Commissioner started insulting the civil judge in the crowded court and challenged the judge to handcuff him and started to misbehave. For contempt of court, the civil judge ordered the bailiff to arrest the Assistant Commissioner. The bailiff handcuffed the AC. The Secretary and President of the Tehsil Bar advised the Assistant Commissioner to consider the delicacy and seriousness, should apologize to the court on which the Assistant Commissioner refused to do. The judge again ordered that the Assistant Commissioner be sent to jail.
After extinguishing, the Assistant Commissioner sought a written apology from the court. The matter has reached the Chief Justice of the Lahore High Court. The Hon’ble Chief Justice has summoned the full report of the incident from Sessions Judge Sargodha. It is as clear as day that CSP officers consider themselves to be superior. The Assistant Commissioner threatened the civil judge in the court that he would lock up the courts as the Corona SOPs were not being implemented in Tehsil courts, despite the defamatory behaviour the civil judge showed patience and accepted the AC’s written apology, but later CSP officers (Assistant Commissioners and Revenue Department) from all over Punjab called for a strike and declared the matter as extraordinary.
The court is the court whether it is the civil judge or the Chief Justice of Pakistan. If the Assistant Commissioner used his powers to take steps to remove illegal encroachments by himself, then the petitioner might not have to knock on the door of the court. No doubt that the Assistant Commissioner is the highest administrative officer of any tehsil and is an officer with immense powers.
The court is the court that can summon even the highest officer of the province; it is the responsibility of the officers to implement the court orders. Punjab Revenue officer’s strike is unjustified; Chief Secretary Punjab should look into the matter and ensure implementation of court orders. Judges do not speak, judges’ decisions speak.
—The writer is a senior broadcaster/ journalist and producer.
