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Judicial Shenanigans and the Great Pakistani Legal Circus

 

In the land where political dramas unfold with the regularity of morning chai, Pakistan finds itself at the crossroads of justice, or perhaps, a roundabout where the traffic signals seem to be playing an eternal game of red-light-green-light. The Supreme Court of Pakistan, led by none other than the illustrious Chief Justice Qaiz Faez Isa, has become the grand stage for a legal spectacle that could rival the finest acts in the world – welcome to the Great Pakistani Legal Circus!

As the curtain rises, we are introduced to a seven-member larger bench, a distinguished ensemble of legal virtuosos, led by the Chief Justice himself. The drama unfolds against the backdrop of the upcoming February 8 general elections, a date that hangs over the proceedings like a sword of Damocles – or in this case, a gavel of justice.

The plot thickens with the central question: does Article 62(1)(f) of the Constitution, the enigmatic provision demanding that parliamentarians be "sadiq and ameen" (honest and righteous), impose a lifetime ban or merely a five-year hiatus from the political limelight? It’s a question that rivals the greatest mysteries of the universe – does life exist beyond Earth, what came first, the chicken or the egg, and of course, is it a lifetime ban or just a brief hiatus from politics?

Our protagonist, Chief Justice Isa, seeks "clarity" like a weary traveler lost in the labyrinth of legal jargon. The court, like an omniscient game show host, has appointed a trio of legal experts – Faisal Siddiqui, Uzair Karamat Bhandari, and the illustrious Reema Omar – as amici to assist, adding an air of suspense to the proceedings.

As the characters take the stage, enter Advocate Khurram Raza, the voice of lifetime disqualification. With a flourish of legal rhetoric, he questions the maintainability of the proceedings – a move akin to challenging the script of a Shakespearean play. The Chief Justice, however, directs Raza to stick to his lines, and the show must go on.

In a twist worthy of a Shyamalan film, Raza argues that the election tribunal alone can grant a declaration, and the Supreme Court's powers should not surpass those of the election tribunal. Chief Justice Isa, like a seasoned director, reminds Raza that they are not discussing the powers of the election tribunal but the mighty powers of a constitutional court.

The courtroom banter reaches its zenith as Raza contends that the Supreme Court can only give a declaration if it arises from the tribunal, not on its own. Chief Justice Isa, with the gravitas of a seasoned actor, questions the very essence of the script – where, in the Constitution, is the provision for a lifetime ban? The audience leans in, awaiting the next plot twist.

Enter Advocate Usman Karim, another player in this legal drama. He introduces a subplot, arguing that the preconditions of "sadiq and ameen" apply to non-Muslims, challenging the very foundations of the script. Chief Justice Isa, ever the thespian, questions whether non-Muslims can't be "sadiq and ameen," injecting humor into the courtroom like a well-timed punchline.

The courtroom dynamic takes an unexpected turn as Justice Mandokhail asks who determines if a person's character is good or not. Karim, in a moment of existential contemplation, states that only God can make such judgments. The audience chuckles – the divine comedy of legal proceedings.

In a dramatic turn reminiscent of a Greek tragedy, Chief Justice Isa raises the specter of amendments made on "gun points," lamenting the intrusion of dictators into the sacred text of the Constitution. He questions how the wisdom of five judges could surpass the collective wisdom of the Parliament. The courtroom, now a theater of ideas, resonates with the clash between the dictates of dictators and the decisions of elected representatives.

As the first act reaches its crescendo, the court adjourns for a break. The audience, left in suspense, contemplates the absurdity of it all – a legal drama where the script seems to be written by the gods themselves.

Act two begins with the entrance of Uzair Karamat Bhandari, the amicus curiae. Like a legal maestro, he navigates through the historical context of Article 62(1)(f), weaving a narrative that spans constitutional amendments and parliamentary substitutions. The audience is taken on a rollercoaster of legal history, with twists and turns that rival the finest thrillers.

Bhandari contends that the Parliament did not insert a time limit in Article 62(1)(f), leaving the audience pondering the wisdom of the lawmakers. He diplomatically suggests that the Samiullah case may have its flaws but can be fixed, a plot twist that adds a touch of optimism to the legal saga.

As the legal jamboree unfolds in the hallowed halls of justice, we can't help but draw parallels with a parallel storyline from the Islamabad High Court. The restoration of a 10-year disqualification for convicts charged under the National Accountability Ordinance (NAO) adds a subplot of its own. The IHC, like a theatrical impresario, issues a stay order on its earlier ruling, bringing the 10-year disqualification back into the limelight. Mir Faiq Ali Jamali, the character caught in this legal whirlwind, adds his own flavor to the comedic tragedy – a politician who switched parties like a chameleon changes colors.

As the final act approaches, the audience is left in suspense. Will the Supreme Court provide the much-needed "clarity" before the February 8 elections, or will the legal circus continue its enigmatic performance? Only time will tell, and until then, the Great Pakistani Legal Circus remains the blockbuster of the season – a comedy, a tragedy, and a thriller rolled into one. The audience, both amused and bewildered, awaits the next installment of this legal extravaganza with bated breath.

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