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Dawn Editorials & Opinions

court ‫ سپریم کورٹ‬judge: it is a triumph ‫فتح‬


Historic turnaround - Newspaper - of the rule of law and constitutionalism
DAWN.COM when they seemed to be on increasingly
. shaky ground ‫کمزور بنیادوں پر‬.

Judicial reviews are usually sedate ‫سنجیدہ‬


A MANIFESTLY ‫ واضح‬ill-intentioned
proceedings where only points of law
‫ بدنیتی پر مبنی‬legal saga has come to a
regarding the original verdict are
close in a historic turnaround ‫غیر متوقع‬
discussed. In this case however, the
‫تبدیلی‬. In a 6-4 majority decision, the
bench undertook a broader examination
Supreme Court on Monday accepted all
of the case, going back to the impetus
the review petitions, except one filed by
‫ محرکات‬behind the presidential reference
Justice Qazi Faez Isa himself, against its
itself. Over the course of the
verdict on June 19, 2020, in the
proceedings, a sharp divide among the
presidential reference against the judge..
superior judiciary became evident, most
Specifically, the petitions concerned the notably when the judges differed ‫متضاد‬
bizarre ‫ حیرت ناک‬directions ‫ احکامات‬in the ‫ ہوئے‬over the amount of time allowed
earlier judgement — which had the government lawyer to present his
otherwise quashed ‫ خارج کیا‬the reference arguments. While dissent ‫ اختالف‬among
as being “tainted” ‫ آلودہ‬،‫—داغدار‬ judges helps in shaping the law and
ordering the FBR to conduct an inquiry adding nuance ‫ واضح فرق‬to judgements,
into offshore properties owned by such a division can also suggest deeper
Justice Isa’s wife. Those directions have tensions at play. Allowing one of their
now been “recalled and set aside”, ‫واپس‬ brother judges to be unjustly ‫غیر قانونی‬
‫ لے لیے گئے‬and all steps taken in ‫ طور پر‬persecuted ‫ عدالتی کاروائی‬would
response to them declared “illegal and have left the judiciary as a whole
without any legal effect”. For the vulnerable ‫ ;کمزور‬that the majority
Supreme Court to review its decisions is opinion was converted into a minority
rare, and it is rarer still when a 10- one indicates that this view — and
member bench had passed the original perhaps conscience ‫ضمیر کی‬،‫عقلمندی‬
decision. The significance of this ‫ —آواز‬prevailed ‫ پھیلی‬in the end..
development cannot be overstated ‫بڑھا‬
The verdict also serves as an object
‫چڑھا کے کے زیادہ بتانا‬. It is far more than a
lesson for those who tried to pervert
resounding ‫ بڑی‬victory for the apex
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Dawn Editorials & Opinions

‫ شکل بگاڑنا‬the law and the concept of Exam postponement - Newspaper -


accountability to malign ‫ خراب کرنا‬and DAWN.COM
excise from the bench a judge unafraid .
to call them out for their excesses. One
need only glance through the Faizabad AFTER declaring unequivocally ‫بغیر‬
sit-in ‫ دھرنا‬judgement to understand the ‫شک کے‬, in the face of increasing
genesis ‫ بنیادیں‬،‫ جڑیں‬of the presidential criticism, that the A-Levels and O-
reference. For the government, clearly Levels examinations would be held on
willing to go any distance required to time, the federal government has taken
stay on ‘one page’ — even to the extent yet another U-turn and declared all
of risking a schism ‫ تقسیم‬within the exams postponed till June 15 and the A-
highest court in the land — the Levels and O-Levels till
denouement ‫ بری و ذمہ ہونا‬،‫ بیزاری‬،‫ مذمت‬is October. Federal Education Minister
an unalloyed ‫ مالوٹ کے بغیر‬،‫خالص‬ Shafqat Mahmood, who has been
debacle ‫ناکامی‬, leaving behind a stain ‫داغ‬ piloting ‫ سربراہی کر رہے تھے‬decisions
it will find difficult to wash away. This about school closures and exams,
was not a matter about one individual, announced at a press conference that the
but about silencing ‫ تقسیم کرنا‬an government had decided to postpone the
institution that performs as a check and examinations because of the rapid rise of
balance on the exercise of Covid-19 infections. However, till
power. Among the myriad ‫ بے‬،‫بہت زیادہ‬ Tuesday, the minister had been insisting
‫ شمار‬takeaways ‫ نتائج‬to be gleaned ‫حاصل‬ ‫ زور دے رہے تھے‬that the decision to let
‫ ہونا‬from the verdict, one of them is this: the exams take place was the final
resistance to coercive ‫ آمرانہ‬،‫طاقتور‬ one. When students and parents across
tactics ‫ حربے‬is growing, in civil society, the country protested against the danger
media and the legal fraternity ‫گروہ‬. But this adamancy ،‫ سختی‬، ‫ موقف پر ڈٹ جانا‬by
will anyone take heed? ‫توجہ دینا‬. the education minister was placing the
students in, and when many political
Published in Dawn, April 28th, 2021.
leaders also joined the chorus ،‫قافیہ مالنا‬
‫آواز سے آواز مالنا‬، ‫بات سے بات مالنا‬, he dug
in his heels ‫ اپنی بات پر ڈٹے رہنا‬even
further. This forced tens of thousands of
students to sit the examinations on
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Dawn Editorials & Opinions

Monday and Tuesday. However, on handled the matter with greater maturity
Tuesday, the minister took a U-turn and ‫ پختگی‬،‫سنجیدگی‬. He should have had a
cancelled the decision that he had stood greater level of consultation ‫ مشورہ‬with
by ‫ قائم تھے‬so firmly.. all stakeholders and also taken into
account how this issue was being
For once, however, this U-turn by the handled by other countries. The U-turn
PTI government should be will save the students from the danger of
welcomed. The minister was wrong in the infection but it should not stop Prime
insisting that exams proceed at a time Minister Imran Khan from taking his
when the third wave of Covid-19 is education minister to task for his gross
wreaking havoc ‫ تباہی پھیال رہا‬across the ‫بہت زیادہ‬، ‫ شدید‬mismanagement ‫ بدانتظامی‬of
country. He has done right by righting the issue..
his wrong. His decision was needlessly
‫ بغیر مقصد کے‬placing students in danger Published in Dawn, April 28th, 2021.
and dramatically increasing the chances
of the infection spreading even further at Jerusalem protests - Newspaper -
a time when positivity rates are in DAWN.COM
double figures, hospitals are groaning .
‫ درد سے کراہنا‬under the pressure of
patients and oxygen supplies are getting THE holy city of Jerusalem was shaken
dangerously depleted ‫کم ہوگئی‬. But while by several nights of protests over the last
this U-turn by the federal government is several days as Palestinian citizens faced
a welcome one, it has come at a off ‫ آمنا سامنا‬against Israeli security forces
cost. The students and their parents have over access ‫ رسائی‬to the Al Aqsa
had to endure ‫ برداشت کیے‬weeks of mosque. The situation was exacerbated
agonising ‫ پریشان کن‬uncertainty, ‫غیر یقینی‬ ‫ مزید خراب ہوئی‬when a far-right ‫کٹر‬
‫ صورتحال‬educational institutions have Jewish group staged a provocative ‫اشتعال‬
had to make hurried ‫تیزی سے‬ ‫ انگیز‬march in the disputed ‫ متنازع‬city in
preparations while facing the danger of which extremists ‫ شدت پسند‬chanted ‫نعرے‬
the pandemic and the courts have had to ‫“لگائے‬death to Arabs”. ‫عرب مردہ‬
entertain multiple petitions on the ‫ باد‬While the Israeli administration said
issue. All this could have been avoided it had restricted Palestinians’ access to
had the federal education minister the mosque due to ‘coronavirus
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Dawn Editorials & Opinions

restrictions’, the Arabs felt this was a ‫ جگہ‬However, Tel Aviv tends to treat
ruse ‫ دھوکہ دہی پر مبنی‬to prevent them murderous ‫ قاتل‬settler groups ‫قبضہ کرنے‬
from gathering at Al Aqsa. The ‫ والے گروہ‬with kid gloves ‫بہت احتیاط کے‬
barricades ‫ رکاوٹیں‬blocking access to the ‫ ساتھ‬, even though some harbour ‫رکھتے‬
mosque have been removed, but not ‫ ہیں‬a clearly genocidal ‫ نسل کشی‬agenda
after over 100 Palestinians were against Arabs. But expecting Israel to
wounded in the clashes ‫تصادم‬.. treat Palestinians with dignity and
respect ‫ عزت و احترام کے ساتھ‬and to
The recent violence illustrates ‫ظاہر کرتا‬ punish their tormentors ‫ظلم اور زیادتی‬
‫ ہے‬that Jerusalem/Al Quds remains a ‫ کرنے والے‬is asking too much. After all,
flashpoint ‫تصادم شروع کرنے کی جگہ‬, Israel itself has been guilty of crimes
despite illegal Israeli attempts to annex against humanity targeting Palestinians
‫ الحاق‬the holy city, while the threat to and its own Arab population, as Human
peace posed by radical ‫ شدت‬،‫انتہا پسند‬ Rights Watch has recently noted. This is
‫ کٹر‬،‫ پسند‬Jewish groups is also very something Tel Aviv’s staunch ،‫وفا شعار‬
high. The fact is that no Palestinian ‫ وفادار‬defenders and supporters in the
faction ‫ گروہ‬will be willing to give up West, as well as those in the Muslim
claims on the holy city, despite intense world rushing to establish relations with
pressure from powerful foreign actors. it, must explain..
‫ بیرونی عوامل‬A statement from the
Palestinian presidency termed East Published in Dawn, April 28th, 2021.
Jerusalem “the eternal ‫ دائمی‬capital of
Palestine and ... a red line”, indicating
that any attempts to restrict access to the
city will be resisted. Moreover, the
vicious ‫ شرارت پر مبنی‬،‫ زہریلے‬attacks of
extremist Jewish groups targeting
Palestinians need to end immediately
‫فوری طور پر‬. The Israeli state wastes no
time in raining down bombs ‫بموں کی‬
‫ برسات کرنا‬on men, women and children
in Gaza if rockets are fired at the Jewish
state from the Strip. ‫ مسلمان آبادی والی‬،‫پٹی‬
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