Judicial activism is a broader term used to define the process of judicial review
& it is exercised worldwide by the superior courts as it is a strong legal tool in the hands of the judiciary to make ineffective the acts and policies of the administrative, executive &
legislative authorities. Likewise, the Supreme Court of Pakistan is also exercising this power though more frequently now-a-days. Although, this practice is not new in Pakistan, it dates back to famous Molvi Tamizuddin Case 1953 till present day Army Chief’s extension. SC Judges are often criticized for intervening in government policies and nullify them on various account as in COAS extension order. In August Gov’t issued notice of extension in the tenure of Gen Bajwa for three more years, at earlier no one has objection on this however opposition parties were extremely unhappy over the extension but dramatically unbelievable development seen in very last week of COAS retirement. Jurist foundation filed petition against the extension order of current COAS’ tenure appealing to null & void extension. However, CJP converts it into sou motu action & suspended the extension notice. Later Gov’t rectify the errors pointed out by SC & present it before judges for restoration but after hearing Court adjourned till next day & extension order still on hold. It is pertinent to mention that Gen Bajwa is set to retire on 29 Nov & only one day left to approve his extension before 29 Nov. Seemingly SC using delaying tactics as the case is already questionable that why sou motu has taken in eleventh hour of Gen Bajwa’s super annuation? Over this development opposition parties looking happy & counterproductive, besides Indian media expressing victory as The Hindu writes Him “the powerful Army chief of history”, no doubt he is, as he gives tough time to both internal & external enemies & buried all anti-state policies cum looming menace. Moreover Gen Bajwa took policy shift towards America & made closer to iron brother China which is bitter for USA, Alice Wells criticized CPEC is clear sign that USA aimed to destabilize CPEC & Pakistan. In past USA acted on the policy of regime change which is disclosed in leaked letter of D Remsfield to W Bush, in which he suggested that regime change in Pakistan should be USA policy, after that we seen the movement for restoration of judiciary proved a tool of this & in result Gen Mosharraf had to quite his regime, it is necessary to remember that incident of 12 May in Karachi was linked with that movement & might be engineered to defame Mosharraf in public. After regime change Pakistan tested an engineered waive of terroristic attacks & series of blasts till Gen Rahil dealt it with iron hands. As USA not tolerating CPEC & stability of Pakistan, on other hand news of huge oil & gas discovery are coming while how India can digest it so she is in mode of false flag operation. In such a time when internal enemy completely scattered & Pakistan has enough need of Iron man Gen Bajwa, his extension being widely criticized by opposition parties whereas these all parties were happy to extend Gen Kayani’s tenure. After JUI-F’s sit in dramatic changes occurred & extension case, foriegn funding case, Mosharraf case all the three being set at same time giving impressions as Paulo Newberg termed Pakistan’s superior Courts as political institutions. So the Judiciary must have to free Gov’t & not to intermeddle in Gov’t policies traditionally which have the secret of judicial victory. This judicial victory cannot mean that a nearly limitless conception of judicial independence & power should ultimately prevail in a democratic state. Moving toward a more balanced system of government, which includes space for genuine dialogue and contributions by each branch, appears necessary for a democratic future.
