The majority judgment in the Justice Qazi Faez Isa case made clear once again the view that there could be no independence of judiciary without judges being protected from extraneous pressures. It was also stressed that the making available of the judge’s wife’s and children’s tax records to the Assets Recovery Unit was illegal. However, the strictures passed by Mr Justice Yahya Afridi, who wrote a separate concurring note, on PM’s Accountability Adviser Shehzad Akbar, and Law Minister Farogh Nasim, should give the Prime Minister reason to think hard. The Prime Minister has laid himself open to criticism by retaining these two. While Mr Akbar resigned a matter of days before the judgment was declared, Senator Nasim continues to occupy the office of Law Minister.
The purpose of the Assets Recovery Unit, which was Mr Akbar’s pet project, was highlighted, and its legality shown to be dubious, and outright non-existent, as far as its right to command tax records. The entire accountability process of the government, which has concentrated on opposition figures, some bureaucrats and some businessmen, but to no avail, has been thrown into doubt. Mr Justice Isa was subjected to the investigation, which included Supreme Judicial Council proceedings, after he had authored a judgment on the Faizabad dharna which had questioned the role of certain institutions. However, though the government had come down on him very strongly, the initial judgment on the Supreme Court was followed by a review petition, which had initially given him relief, but in which the detailed judgment has now been issued.
Mr Akbar has already departed from the government, and now it is the turn of Mr Naseem. However, he is not a member of the Cabinet as Mr Khan’s party-man, but as a representative of an ally, the MQM (P). Some form of consultation before he was sacked would be required. However, while the judgment does not call for action, it is difficult to see Mr Naseem continuing in office much longer. If Mr Khan has to retain him, he may find it expedient for him to move to another portfolio, for the Law Ministry to have enough interaction with the Supreme Court to make it untenable for the Minister in-charge to continue after the remarks passed. He himself should do the honorable thing even if Mr Khan has any coalition scruples.
