Baba Rehmatay- From Chief Justice to Chief Executive: Tilting at the Windmills?

Mar 22, 2018

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[To understand the context of this post, please read At What Cost! Why Compute Economic Costs of Faulty Political Decisions]

What is the constitutional role of CJP? To act as the Chief Justice who arbiters when there is a constitutional conflict between law passed by parliament and executive decision making, or is the CJP role to assume powers of the Chief Executive and start controlling the executive decision making? Given the recent intrusion into the executive policy making, Baba Rehmatay through an indiscriminate use of the the suo-motto powers, appears to be morphing from the role of Chief Justice in to the role of Chief Executive? Is CJP responsible for framing (i) sugar policy, (ii) health policy, (iii) salt policy, (iv) education policy, (v) water policy, (vi) drugs policy, (vii) milk policy, (viii) media policy? Is CJP the framer of investigations policy, procedures and schedules for JITs, and NAB, is he the final approver of executive appointments, and determinant of hiring policy? The news reports below, quoting the remarks and observations of CJP, indicate that he is on a mission. Is the mission extending beyond the constitutional boundaries of judiciary? Ignoring the circle of influence and control over courts makes his attempts to address the myriad of issues in his circle of concern, resemble more like “tilting at the windmills” by Don Quixote as explained in
Covey’s First Habit Advice to Chief Justice of Pakistan.

Mission of CJP

Clean Water, Environment, Pure Milk, Hygienic Meat

“I want to ensure supply of clean drinking water, clear environment, pure milk, hygienic meat, etc, and I wish that the farmers get reasonable price for their crops,” the CJP said while addressing lawyers during a surprise visit to the cafeteria of the Islamabad High Court Bar Association (IHCBA). [1]

Education

‘The growing disparity and discrimination in the education system caught the attention of the Supreme Court when Chief Justice Mian Saqib Nisar questioned on Tuesday why the concept of “one textbook, one school bag and one uniform” in our educational institutions cannot be launched.’

See details in CJ suggests uniform education system across country

Hospitals

‘Salman Masood, Pakistan Correspondent at The New York Times and Resident Editor The Nation (Islamabad and Khyber-Pakhtunkhwa) put out a message on his Twitter account stating, “Curious to know under which constitutional provision Chief Justice is required to visit hospitals or any other public buildings, and issue orders.” ‘

See for details CJP visits Mayo Hospital: uproar on social media
Details at CJP Nisar visits JPMC to review healthcare facilities, cleanliness

Drinking Water

CJP lashes out at Sindh govt for negligence over supply of unsafe drinking water

Parliament is Supreme

“The countless hours being put in by politicians, the security establishment and other state institutions to ensure a compliant executive will in all likelihood amount to nothing if history is any indicator.” See this analysis in Heart of the matter .

This is in the context of Parliament is supreme but Constitution is above it: chief justice

Drugs Policy

CJP Orders FIA to Present Investigation Report on Fake Drugs Case

Water Policy

CJP Comes Hard on Authorities: Says will deal with Karachi Water Tanker Mafia
“CJP Nisar asked to explain as to what action was being taken against the water tankers. He also inquired that when residents were not getting water from pipelines, then how tankers were getting the same.”

See complete report at CJP vows to shut down Sindh tanker mafia

Sugar Policy

“Supreme Court Wednesday directed Jahangir Tareen owner of JDW sugar mills to submit plan of buying sugarcane from farmers on government rates otherwise court will pass orders to open closed mills for crushing.”

See complete report at SC seeks plan from JDW to buy sugarcane from farmers on govt rates

Salt Policy

The Supreme Court (SC) on Saturday ordered a ban on the sale, import and export of ‘Chinese salt’ (monosodium glutamate) — popularly known as Ajinomoto — all over the country, declaring it “hazardous for health”.

See complete report at Supreme Court bans ‘Chinese salt’ across country, declares it ‘hazardous to health’

Health, Education and Transport Policy

See details at: Will shut down Orange Line train if health, education not prioritised: CJP Nisar

Senate Eligibility Criteria

Supreme Court to decide on eligibility of senators with dual nationality on March 10

CJP as CEC?

CJP says: “With the assistance of senior lawyers, we will examine the role of the apex court for ensuring elections,”

See details at: We will ensure free and fair elections: CJP Nisar

CJP vs CEC: Does CJP wants to take away the autonomy of Chief Election Commissioner (CEC). As per constitution ECP is tasked with ensuring free and fair elections?

Who is positioning CJP for the role of Chief Executive?

Gen Musharraf assumed the position of Chief Executive after his coup in 1999. His coup was legitimized by PCO judges. The poster below is developing an impression as if CJP is running for election and seeking the mandate of the people. Which are the powers that are pushing CJP’s mission in to the role of CEO?

Is CJP running for election?

These questions become pertinent given the covert campaigns and now overt calls for judicial martial law by the likes of Shaikh Rasheed! Despite a categorical disclaimer from the CJP, the political engineering intrigue is now at a full blown level.

Express report of March 23, 2018

Are not calls for Judicial Martial Law contempt of court and violation of constitution? Isn’t it a contempt of court to present CJP as aspiring for people’s mandate? Who is promoting CJP with such posters. Are these the signs of kicking alive Doctrine of Necessity through political engineering? Has the doctrine been finally buried. CJP Munir’s Doctrine of Necessity (DoN) posited that “Necessity makes lawful that which is unlawful” with disastrous consequences for the country.

Costs of Justice Munir’s Doctrine of Necessity: 4 Martial Laws and 35 years of dictatorships