LEGAL

Supreme Court Expresses Concern Over Justice System During Bail Hearing

SC judges criticize institutional focus on political engineering over justice during bail hearing. 'If the constitution was followed, such situations wouldn't arise,' remarked Justice Athar Minallah.
2024-12-20
Supreme Court Expresses Concern Over Justice System During Bail Hearing

A heated discussion unfolded during the Supreme Court's hearing on the bail application of Ishaq, an accused in a murder case. The judges raised serious concerns about the state of justice and institutional priorities in Pakistan.

The case, pending since 2017, led to a candid exchange between the justices regarding delays in justice and institutional focus on political engineering.

Judicial Observations

Justice Athar Minallah remarked:
"The case has been pending in the Supreme Court for over six years. Meanwhile, the state is preoccupied with toppling and installing governments. All institutions seem to be focused on targeting political opponents. If the constitution had been upheld, such situations would not arise."

Justice Jamal Mandokhel added:
"What can we say about the state? Three prime ministers have been killed, and nothing has been done in their cases. A senior judge was also murdered in Balochistan, yet no meaningful progress was made. The real issue is the lack of will to address these crimes."

He also highlighted deficiencies in law enforcement, particularly in Sindh and Punjab, stating that police investigations in these provinces are "significantly substandard" compared to others.

Justice Mandokhel further commented:
"As long as state institutions remain engaged in political engineering, trust in these institutions will erode. People look to the Supreme Court to resolve everything, but the root issue lies in institutional failures."

Justice Athar Minallah reflected on historical injustices, saying:
"After 40 years, there was a confession about the murder of an elected prime minister. What greater crime exists than the assassination of a prime minister? Yet, no one was held accountable or punished."

Justice Malik Shahzad added:
"In a country where even the prime minister faces such uncertain circumstances—one day in the PM House, the next in jail—what hope is there for the common citizen?"

Court's Decision

The Supreme Court ordered law enforcement to arrest the accused, Ishaq, and transfer him to jail authorities. Ishaq, who had previously escaped after being granted bail, will now remain in custody pending further proceedings.

Broader Implications

The hearing highlighted systemic issues within Pakistan’s judiciary and law enforcement. The remarks by the justices underline the urgent need for institutional reform and adherence to constitutional principles to restore public trust.

 

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