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Can judiciary interfere in Executive’s domain?

January 30, 2020

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Can judiciary interfere in Executive’s domain?

Mohammad JamilbyMohammad Jamil
January 30, 2020
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In a constitutional polity, which we are supposed to be, it is indeed the constitution which is supreme, whereas every pillar of state insists on its primacy. The fact of the matter is that none is superior over others; none is inferior to others; all are subservient to the constitution, and all are bound to follow dictates and stipulations of the constitution. No doubt, constitutional disputes and differences occur even in entrenched democracies; however incidence of such tiffs is indeed reduced to the minimum if all the state pillars respect the supremacy of the constitution and abide by it in letter and spirit. Another school of thought believes that it is the prerogative of the Supreme Court to delete any existing article or any amendment made to the constitution by the Parliament, but majority of constitutional experts consider it as an encroachment on the domain of the Parliament
Last month, the Sindh High Court (SHC) had stopped the Pakistan International Airlines (PIA) CEO Air Marshal Arshad Malik from performing his functions as the airline’s chief executive officer. Air Marshal Arshad Malik had filed an appeal in the Supreme Court against the order of the SHC. The three-member bench, headed by Chief Justice of Pakistan Gulzar Ahmed had called into question the appointments of four air vice marshals, two air commodores, three wing commanders and one flight lieutenant in the national airline. After hearing both sides, the top court turned down the appeal of Arshad Malik and maintained the decision of the Sindh High Court in which he was barred from performing his duties as CEO of National Carrier. During the course of proceedings, the petitioner had said the appointed PIA CEO had no relevant experience. Some consider it as interference in the working of Executive.
Supreme Court’s order is final, yet it has to be said that he is one of the most competent and sincere leaders who has the capability to recover the airline from losses and degradation and reclaim its past glories. His achievements among many others include: Eradication of corruption; reducing the influence of unions; dismissing employees with fake degrees; closing uneconomic sectors; opening new profitable sectors; UN charter flights business granted to PIA; revived several grounded aircrafts including A320 aircraft and B773 aircraft, reorganized the workforce to provide sufficient manpower in all departments; opening around 50 new profitable domestic and International routes. As regards appointment of Air Marshal Arshad Malik as chairman of PIA, it is nothing new, as in the past more than eight air Marshals held this post starting with Air Marshal Nur Khan, and no eyebrows were raised.
He in fact took the PIA to highs. Strange enough, a judge can lead an investigative agency NAB without ever been an investigator; a judge can lead an Election Commission without ever knowing the election process; a bureaucrat DMG Officer can lead railway, interior ministry, aviation ministry, PIA or religious ministry without being formally trained in it; but a formally trained aviator who has managed aviation through commanding flying units, managed the biggest aviation engineering setup of probably Asia is considered not fit to lead an airline, what a joke or mockery of the IQ of Pakistani people. And the list goes on; but the big question is whether we are ready to be the best? Are we ready to take pride in what we do? Are we ready to take back our place in Aviation industry? Are we ready to be honest and dignified?

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