Saqib Nisar’s ‘audio tape’ puts constitution’s sanctity in question

Former chief justice Saqib Nisar’s alleged audiotape was released by a media outlet yesterday, raising alarming concerns about institutions going beyond their required duties as detailed in the constitution of Pakistan.

The audio tape has been claimed by the media outlet to be verified by a US entity, yet there still remain questions on whether it is fake or not. However, if true, this is very concerning and raises many questions.

If true, then we as a nation must ponder over whether our constitution is being respected, that too by the very institutions that are meant to respect, protect and enable its provisions. It would be very alarming that the top judge of the apex court is sending directions to the judge of the high court of a province, that a certain ‘institution’ wants a decision against a specific person so that the person of choice of that ‘institution’ can come to power. This, if true, is a severe violation of the constitution and a clear evidence of one institution’s interference into another institution’s matters. Here, not only the judiciary’s sanctity has been violated, but the sanctity of the most supreme institution of the state – the parliament – has been violated.

This raises certain questions. Is the constitution of our country really being followed? Is the parliament actually supreme? Is the judiciary independent? Is the country really a democracy as envisioned by the constitution, or are we at the mercy of a certain institution, which transgresses the boundaries drawn in the constitution at will, and in doing so manipulates the political and judicial affairs of the state to its benefit.

This is an issue that cannot be brushed under the carpet. First and foremost, there must be a complete investigation to conclude once and for all that the audio is fake or not. If it is not fake, then we reach certain alarming conclusions – that Pakistan is not a democracy, the constitution is being violated, and state institutions are not independent and one institution is beyond independent and there is nothing to counter its power.

If the latter is the case, then strong measures must be taken to rectify the issue. Political parties must be at the vanguard of this movement, followed by the judiciary and civil society. This must not be taken lightly and the people of this country must struggle to correct the issue, as the situation means that the very existence of the state in Pakistan, as given in the constitution, is in question.

Written by Mustafa Ali | Lahore