Writ of state diluting

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CHIEF Justice Islamabad High Court (IHC) Justice Aamer Farooq on Tuesday asserted that nobody can challenge the write of the state.

Hearing a petition of the traders about the expected sit-in of Pakistan Tehreek-e-Insaf (PTI) and the resultant closure of roads, he maintained that setting up containers is not a solution to the problem and that a modern approach should be adopted.

However, the court disposed of the petition without any action or directions, which speaks volumes about the cloudy and messy situation in the country where institutions feel restrained to take any stand.

What the Chief Justice of IHC has said is a reality as nobody is above the law and the state has the wherewithal to deal with any attempt aimed at violation of the law and challenging the writ of the state.

He also has a point when he says there are clear instructions of the IHC as well as the Supreme Court of Pakistan on the subject but the real issue is implementation of those guidelines and the question of penalty against those disrespecting the parameters determined by the court.

This became quite obvious during the hearing of a contempt case in the apex court where the SC seemed reluctant to take action despite availability of clear material to support the contention that a deliberate contempt actually took place.

The Government definitely has the ability and it demonstrated its power during the occasion of the previous long march but the situation became murkier when the court intervened ordering the administration to remove barricades placed on entry points of the Federal Capital.

No doubt, the court issued instructions for holding of the protest rally at designated places but the orders were flouted in broad daylight and people watched protestors indulging in violence and torching of public property.

Based on the bitter experience of the past, the Government has tried to convince the judiciary to take preventive measures but the courts maintain they should be approached after a violation takes place, a logic not being digested by a majority of the people.

The CJ of the IHC has also maintained that placing containers on entry points was no solution but fell short of proposing an alternative course, especially when there is an impression that the judiciary is not in a cooperative mode.

 

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