After Overthrowing Imran Khan, This Is the Dark History of the Supreme Court of Pakistan

A stormy political crisis hit Pakistan, following the overthrow of Prime Minister Imran Khan, after the "fierce campaign" led by the parliamentary opposition. Today, attention turned to the Supreme Court, the country's highest legislative body, which played a "decisive role" and contributed mainly to Khan’s impeachment on April 10, 2022.

Supporters of the prime minister described what happened as a "constitutional coup" backed by external parties, led by the United States. Khan’s supporters also claim that the US  is the "bitter opponent" of Khan's policies, and is responsible for directing the opposition and state institutions, including the Supreme Court, to bring him down.

The Supreme Court has always played a "strategic role" in political change throughout Pakistan's history since the establishment of the republic in 1947, as an independent state for Muslims, after multiple wars against its Indian neighbor, and continuous internal turmoil due to army controls and military coups, or constitutional coups and the overthrow of elected governments.

 

Last Word

During the last period of his rule, which witnessed wide disagreements, Khan announced the existence of a plot directed from abroad to overthrow him, backed by the United States, based on the latter's objection to his independent foreign policy, in collusion with his political opponents to "compromise the sovereignty of the country", according to his statements.

Khan's troubles soon began when MPs from the opposition Tehreek-e-Insaf movement (Pakistan Movement for Justice) threatened to vote against him, coinciding with the disintegration of his fragile ruling coalition.

Here, the country's president, Arif Alvi, an ally of Khan, agreed to his request to dissolve the National Assembly (Parliament), in the hope of holding early legislative elections, after the opposition tried to discredit Khan, a measure that was stopped by the deputy speaker of parliament, Qassem Suri.

To end the controversy, the Supreme Court gave its final word and invalidated the decision to dissolve Parliament, and passed an opposition's vote of no-confidence in Khan, ultimately removing him from his position.

The Supreme Court, which had the final word in the overthrow of Khan, is the highest court in the judicial hierarchy in the country, and its establishment dates back to August 14, 1947, with the beginnings of the establishment of the state after the separation from India.

Mian Abdul Rashid was its first president, as well as the Chief Justice of Pakistan.

As for the current head of the court, Umar Ata Bandial, who announced that he wanted to end the hearings on the Khan case, said "Let's start early tomorrow to end the case," and indeed it ended with a vote of no confidence in him.

The court drew its spirit and was formed in accordance with the cultural traditions of British law, and it became an integral part of the Pakistani judiciary, against the backdrop of the long British occupation of those areas.

Among the most prominent powers of the court are to order the re-formation of parliament, call for new elections, or prevent the prime minister from assuming power if it considers that he has violated the constitution.

It also has final and original appellate powers, consolidating all other advisory powers in all courts, including Supreme Courts, District Courts, Special Courts, and the Federal Sharia Court, involving cases of federal laws.

The court can dispose of judgments on cases in the context in which it has jurisdiction.

The Supreme Court is the final arbiter of the legal and constitutional dispute, as well as the final interpreter of the constitutional law, all in accordance with Part VII of the Pakistani Law.

 

Supporting the Coups

Throughout the history of the Pakistani Republic, the Supreme Court played a "big role" in the processes of political change, sometimes supporting outright military coups by army generals, and at other times contributing to correcting the path of the army's authority, preventing it from taking over despite its power and influence in the state structure.

Among the pivotal events that the court witnessed, in April 1993, when it invalidated the decision of the President of the Republic, Ghulam Ishaq Khan, to dissolve the government of Prime Minister Nawaz Sharif, who resigned from his position after negotiating a settlement that led to the impeachment of the president as well.

But one of the most critical and controversial events in the history of the Supreme Court was its support for the military coup on October 12, 1999, which was led by General Pervez Musharraf, through which he seized power. Several months later, the Supreme Court recognized the legitimacy and procedures of the military coup.

In its session, which was held at Attock Castle, west of the capital, Islamabad, the Supreme Court, headed by Judge (at the time) Irshad Hassan Khan, rejected complaints against the military coup, including the lawsuit filed by the "Muslim League" party led by Nawaz Sharif.

The prosecutors demanded that the coup must be declared illegal and the Supreme Court declare the restoration of the government, parliament, and the constitution suspended by the military, but the court decided to the contrary by approving the legality of the military takeover of power.

Pakistan witnessed a "historic clash" between the court and the ruling authority, on March 9, 2007, when President Pervez Musharraf decided to dismiss Iftikhar Chaudhry from the presidency of the Supreme Court, as an unprecedented act in the history of the state, and a "fatal usurpation" of President Musharraf Legislative and Constitutional power.

Although the court ruled on July 20, 2007, to reinstate Chaudhry, the military authority blocked the implementation of the decision.

On March 22, 2009, Judge Chaudhry returned to his position as Chief Justice of the Supreme Court after the government overturned his dismissal.

The same year witnessed the abolition of the "National Reconciliation Law" by the Supreme Court, which had written off the corruption files of a number of Pakistani officials and politicians, and ordered the opening of those files that had been crossed out.

History states that Khan was not the first prime minister to be overthrown by the Supreme Court. In April 2012, the court accused Prime Minister Yusuf Raza Gilani of violating its orders by refusing to reopen a lawsuit in Switzerland against President Asif Ali Zardari, accusing him of violating its orders. corruption.

On June 19, 2012, the court ordered Gilani's dismissal and asked (then) President Zardari to appoint a new prime minister.