Separation of Judiciary
SC chides govt for its failure to specify time
Govt now says it is difficult to say how much time will be needed
Staff Correspondent
The Supreme Court (SC) yesterday took the government to task after it failed to specify the time it needs to fully comply with the court directives to separate the judiciary from the executive despite having the deadline extended for 18 times.It is difficult to assess how much time is needed to comply with the court's directives. The government is grappling with the devastating floods, Attorney General AF Hassan Ariff told the court quoting a law ministry letter. The court observed the government is now seeking four more months because of the floods and when drought will start it will seek another six months. The government takes one step forward, but moves two steps backward. The full bench of the Appellate Division was ready to give the government another four-month extension on condition that it would seek no further extension. The government, however, could not make such a commitment, prompting the court to adjourn hearing on the government's appeal till November 9 without extending time. The adjournment means the government has got nearly four months after expiry of the earlier deadline on July 19. The Supreme Court earlier on August 7 asked the government to provide in 10 days a specific timeframe required to fully implement the court directives when the government appealed for an additional four months' time, its 19th appeal for deadline extension since the court issued the directives on December 2, 1999. The government yesterday told the court it needs some more time to take steps to finalise two judicial service rules needed for separation of the judiciary. The Supreme Court full bench observed the government is sitting on the implementation of the court directives and gives the impression that it does not want to implement them. The court said it feels ashamed of the government's coming to it over and again with the same matter. If it believes court is its guardian, its action should show it. It should maintain dignity and supremacy of the court, the bench observed. The seven-member Appellate Division led by Chief Justice Syed JR Modassir Hosain also laughed at the excuses the government makes to repeatedly seek additional time to implement the court orders. The attorney general while submitting his appeal for a four-month extension said, "Some steps among the 12 Supreme Court directives have been already taken and summaries of two rules have been sent to the Prime Minister's Office for approval of the president." He added approval of the summary of two rules would expedite the process of fully implementing the 12 directives for separation of the judiciary. The court rejected his argument and said on August 7 the government informed it that two rules were sent to the office of the president, but now it is saying those were sent to the Prime Minister's Office. There is difference between the two offices, it observed. If the government gets four more months, it will again seek extension after three months. It has become a routine and people do not want to watch the same drama over and over again, the court noted. It asked the attorney general if the government would fully implement the directives this year. The attorney general said the law ministry can specify the time and he will inform the law ministry of the matter. The lawyer of the petitioner, Barrister Tania Ameer, was not allowed to make submission. The Supreme Court on April 19 gave the government three months when it sought extension of the deadline for the 18th time. But before granting time, it asked the government to cite specific reasons and later expressed satisfaction at the attorney general's explanation of government steps for separation of the judiciary. After the 18th extension of the SC deadline, Law, Justice and Parliamentary Affairs Minister Moudud Ahmed said the government would comply with the court orders by the fresh deadline and would seek no more extension. The SC in a groundbreaking 12-point directive in December 1999 asked the government to separate the judiciary from the executive.
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