Time for judicial assertiveness
It's late but never too late. The decision from a statutory judicial body to uphold its independence and not to sway into executive pressure is most welcome. That is how justice must be seen to be done, especially at a time when the chips are down and courts and judicial officers are in a crisscrossing position after the 26th amendment that had come to negate its vibrancy and constitutional assertiveness.
The National Judicial (Policy Making) Committee (NJPMC), in its 53rd meeting, resolved to devise a mechanism to report, investigate and resolve irritants that come to hinder the smooth sailing of judicial process. This is where the judiciary has lacked and the piling of cases, as well as maneuvering from other organs of the state, had cast it in a bad light.
The fact that the superior body with the CJP in the chair brought to the fore the enigma of enforced disappearances was on the spot. This issue has been a constant annoyance for long as the courts found themselves perplexed and unable to assert their dictum.
The plain-talking, thus, from Lords that the judiciary would not compromise on its constitutional duty to safeguard human rights must walk the talk, and visible change on the spectrum must be evident in their performance, decisions and implementation. The body's determination, likewise, to upgrade the system on modern lines by introducing technology; ensure a citizen-centric justice delivery; and institute a Commercial Litigation Corridor with special benches could not have been delayed any further.
The judiciary for quite some time has been under the spotlight and the political upheavals have tested its independence. There are dozens of public interest litigations that have failed to see the light of the day, including those on the 2024 general elections, the civil-military tangle and the bulldozed legislations. It is incumbent upon the august courts to take a stance under the dictates of the Constitution and deliver justice, unmindful of their socio-political ramifications.
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