by Zeeshan Haider in Daily Times, Dec 17, 2020
There was a time when Session Judges were administratively subordinate to the Deputy Commissioner, but with the passage of times numerous complications began to arise and a never-ending power struggle ensued between the two institutions. Resultantly, the subordinate judiciary was then separated from the administration and the district judiciary was placed under the jurisdiction of the high courts. But, despite this separation, the war of powers and supremacy between the institutions did not end.
Thousands of contempt of court cases lay pending in our country’s district courts and high courts, as failure on the part of bureaucrats to implement the court orders speak volumes of the tussle between the institutions. In an ongoing power struggle between judiciary and civil administration, the people have suffered greatly. While both institutions continue to resent each other, a comprehensive and holistic study of global law and justice system will conclude that the courts are supreme in every country, and there is dearth of any precedence where the civil administration supersedes the courts.
In a recent episode of ongoing power tussle between the two institutions, a civil Judge in Sahiwal Tehsil of Sargodha, handcuffed the Assistant Commissioner in a crowded court due to non-compliance with court orders. The incident occurred after civil administration failed to implement Civil Court orders several times. The three officers who were accused of not implementing the court orders were Assistant Commissioner, Chief Municipal officer and SHO. The Civil Court issued arrest warrants of above mentioned officers. However, the SHO and the chief municipal officer could not be arrested due to their absence in the offices.
Following the court’s order of arrests, the Assistant Commissioner who appeared on the court premises, began to insult the civil judge in the crowded court and challenged the judge to handcuff him. The court, following the insults, ordered the bailiff to immediately arrest the assistant commissioner for contempt of court. The judge also ordered Steno, who was sitting nearby, to type the order to send the assistant commissioner to jail. Following the incident, although the secretary and president of the tehsil bar advised the assistant commissioner to understand the delicacy and seriousness of the matter, and therefore he should render apology to the court, but the assistant commissioner refused to do so.The judge then ordered that the assistant commissioner be sent to jail even after the explanation of lawyers and other revenue officers. But, the matter was resolved later, after the Assistant Commissioner submitted a written apology to the court.
Despite the fact that the Assistant Commissioner threatened the civil judge in the court, that he would lock up the courts under the ruse of failure to comply with the Corona SOPs, and the concomitant defamatory behavior, the civil judge exercised extreme patience and accepted the Assistant Commissioner’s written apology. However, in a twist of events, later CSP officers (Assistant Commissioners and revenue department) from all over Punjab called for a strike and declared the matter as extraordinary. However, the news of the Assistant Commissioner being handcuffed spread on social media, and the matter reached before the Chief Justice of the Lahore High Court. The Hon’ble Chief Justice has now summoned the full report of the incident from Session Judge Sargodha.
As the finding of the report is awaited, it is pertinent to mention that according to the witnesses of the event, the Assistant Commissioner was wrong and blatantly misbehaved with the court. While the superior court will decide the matter after the report’s finding, the strike led by Punjab revenue officers is unjustified, and the Chief Secretary Punjab is urged to look into the matter and ensure implementation of court orders.
It is a bitter truth that there are many flaws in the laws of our country, due to which the people have to suffer the consequences-especially when the delivery of justice is obstructed. The court is a court, and Judges speak through their decisions based on the very laws of the country, whether it is occupied by a civil judge or the Chief Justice of Pakistan- the civil administration has to obey its jurisdiction and avoid making a mockery of it. The onus is on the civil administration officers, as it is their responsibility to take steps to provide relief to the people and alleviate their problems. Undoubtedly, the Assistant Commissioner is the highest administrative officer of any tehsil and wields immense powers. But, absolute authority does not warrant lack of accountability. The court can summon even the highest officer of the province; it is the responsibility of the officers to implement the court orders.
https://dailytimes.com.pk/702624/civil-administration-making-a-mockery-of-courts/
