Mending walls

CHIEF Justice Iftikhar Muhammad Chaudhry has taken notice of what he calls "loot sale" of precious state land worth billions of rupees at a throwaway price in Karachi. He has indicated that a commission might be formed to probe into the matter. This comes on the heels of the Supreme Court notification to the federal government on Wednesday asking it to revise the petroleum pricing formula. The court has informed the government that appropriate action would be taken in case the prices are not reduced. Notwithstanding the authority of the Supreme Court to take actions on its own, one cannot overlook the fact that the suo moto actions should be very selective. It should be an exception rather than a rule. As the saying goes, good fences make good neighbours. What is more, the equation between the judiciary and the executive is a delicate one, which demands that all the organs of the state act within their constitutional parameters and avoid collision. And it would be out of place to assume that the Chief Justice would be incognizant of this fact. Take for instance his statement that it was not his job to look into issues the petroleum pricing formula. Obviously, the argument that the judiciary must not poke its nose in the affairs of the executive has its own worth. However, this principle sounds valid only when all organs of the state are acting in accordance with fairness and law. The role of judiciary in overseeing the functioning of the executive, thus, can only be ruled out when there is good governance and rule of law in the country something that is missing. There are issues of gross negligence on the part of the administration, which cannot be left unnoticed. The authorities cannot be just given a blank cheque to go about their corrupt ways as this goes on to register a direct impact on provision of justice and rule of law in society. Moreover, since the executive is, by and large the most powerful organ of the state, the idea of an independent judiciary keeping an eye on it doesn't seem that erroneous. Even a matter as negligible as an unjust petroleum pricing formula could take horrific proportions by exacting a heavy toll on a very large section of the population. If the government is fleecing the poor, the judiciary must step in and hold the political executive accountable. What is needed to stop the court's interference in administrative matters is honesty and efficiency on the part of the administration. There will be no need for judicial intervention if all the organs of the state particularly the executive acted fully in accordance with law and practiced good governance.

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