After economic and political crisis, Pakistan hit by dissent in judiciary

On March 1, the court's five-member bench, by a 3-2 majority decision, had directed the ECP to consult with President Arif Alvi for polls in Punjab and Governor Ghulam Ali for elections in Khyber Pakhtunkhwa. Justice Shah and Mandokhail differed with the majority judgment, which also allowed the ECP to propose a poll date that deviates from the 90-day deadline by the "barest minimum", in case of any practical difficulty.

In their detailed note, the two dissenting judges talked at length about the suo motu powers, saying that the top court’s "original jurisdiction" under Article 184(3) of the Constitution was not only "'discretionary' but also 'special' and 'extraordinary', which is to be exercised 'with circumspection' only in ‘exceptional cases’ of public importance relating to the enforcement of fundamental rights that are considered ‘fit’ for being dealt with under this jurisdiction by the court", PTI news agency reported.

Therefore, the judges said, "One-man show leads to the concentration of power in the hands of one individual, making the system more susceptible to the abuse of power." They batted for a collegium system, saying: "A collegial system with checks and balances helps prevent the abuse and mistakes in the exercise of power and promotes transparency and accountability." The judges said the “unbridled power” enjoyed by the chief justice to form benches had brought “severe criticism and lowered the honour and prestige of this court”.

Chief Justice of Pakistan (CJP) Umar Ata Bandial, who has been caught in the controversy, reacted to the dissenting note on Tuesday, saying it was the “opinion” of the dissenting judges and that it had no link with the ongoing case.

His statement came when the Supreme Court resumed the hearing on Pakistan Tehreek-e-Insaf's (PTI) plea challenging the ECP decision on Punjab and Khyber Pakhtunkhwa elections. He is heading the five-member larger bench hearing the plea. The Imran Khan-led party had challenged the ECP's decision to defer the Punjab polls till October 8, local media reports said.

The drama over the judicial setup ensued as Pakistan already deals with an economic and political upheaval.

The economic turmoil in Pakistan has triggered a food crisis in the country, affecting the poor and the middle class the most. Several videos surface on social media showing hundreds of people queuing up to get free flour bags. Some reportedly looted the trucks with bags full of flour.

As Pakistan's rupee hovers around PKR 283.55 against the dollar, the State Bank of Pakistan's foreign exchange reserves dwindles around $4.59 billion as of the week ending March 17. The Shehbaz Sharif government has already introduced a tax-loaded mini-budget, imposing taxes on many items, in a bid to secure a bailout package from the International Monetary Fund (IMF) worth $1.1 billion.

The Pakistan government and the IMF have been in talks since February. However, no breakthrough has been achieved so far. Meanwhile, the country's Finance Minister Ishaq Dar promised diplomats of resolving issues with the IMF soon. The News quoted sources as saying that the staff-level agreement (SLA) between Pakistan and the IMF will only be signed when the Kingdom of Saudi Arabia (KSA) and United Arab Emirates (UAE) confirm financial support.

The State Bank of Pakistan (SBP) had also increased the interest rate by 300 basis points (bps) to 20 percent — the highest level since October 1996 — earlier in March, citing rising inflation. It is expected to raise the interest rates by up to 200 basis points in its next monetary policy meeting, Dawn reported.

Pakistan is also reeling under a political crisis with former Prime Minister Imran Khan facing arrest. When the Islamabad High Court issued a non-bailable arrest warrant against Imran Khan earlier this month, the former Pakistan PM called massive protests and organised big rallies. The warrants were issued in connection with the judge threats case and the Toshakhana case.

Violence was also reported as police reached his residence in Lahore to arrest him. Khan had alleged attacks by "rangers" on "unarmed protestors".

"I wish to draw your attention to a very critical issue. Ever since the removal of my government through a regime change operation, I have been confronted with questionable FIRs, threats and finally an assassination attempt," the former prime minister stated in the letter, according to The Express Tribune report.