Is this the beginning of executive-judiciary confrontation?

[Naveed Yaseen]

By Rana Qaisar
ISLAMABAD: The president early on Thursday promulgated an ordinance to charge a petroleum levy on POL products in place of the carbon surcharge, which the government had to withdraw on the orders of the Supreme Court.

The legal and economic experts say that the government seems to be facing serious economic difficulties and the objective of promulgating this ordinance was to satisfy the International Monetary Fund (IMF) that it (the government) would meet its revenue targets as envisaged in the budget for the fiscal 2009-10. But at the same time they also foresee that it would create a wedge between the two top organs of the state.

Justice ® Wajhiuddin Ahmed observed that it was a “very serious” development. “It is a step that can lead to a confrontation between the judiciary and the executive. While the case is still pending with the Supreme Court, there was no justification for the government to promulgate this ordinance. This decision of the government has a contemptuous potential,” he said, adding that the scope of an ordinance was limited only to ordinary matters. He argued that as the constitution could not be amended through an ordinance, no tax could be levied in this way. “This decision of the government is an incursion in the domain of the judiciary as the matter has yet to be decided,” he said while talking to Daily Times.

Dr Salman Shah said the government seemed to have run out of all its options and this was quite evident from its actions as it wanted to remain committed to the agreement with the IMF to secure the loan at all cost. “This certainly will lead to a confrontation between the executive and the judiciary. If the government had to take this decision, it should have sought permission from the court or delayed the matter for a couple of months,” Dr Shah said.

The Supreme Court also appears to be ready to take up the case on priority when the promulgation of this ordinance is challenged. “You challenge the ordinance and we will see to it,” Chief Justice Iftikhar Muhammad Chaudhry said while hearing a case on Thursday when advocate Ikram Chaudhry drew his attention towards the promulgation of the presidential ordinance.

The president’s spokesman Farhatullah Babar defended the promulgation of the ordinance and said it was in line with the constitutional provisions. He rejected the insinuation that this ordinance would lead to a confrontation between the judiciary and the executive.

“Those who wanted to pit organs of the state against one another have been disappointed today.” But the mood of the court is yet to be seen. It is expected that the ordinance will be challenged in the court today.

Though the haste with which the ordinance was promulgated may be seen as a beginning of confrontation between the judiciary and the executive, the prime minister was understandably compelled to advise the president to promulgate this ordinance at a time when the country’s economic managers were engaged in negotiations with the IMF in Istanbul.

http://www.dailytimes.com.pk/default.asp...009_pg7_16