Internal political lawfare.

Lawfare is generally considered a state-to-state affair but recently it has become a norm in Pakistani politics. Courts have taken a centre stage in Pakistani politics as political parties are using law and courts as a tool in their political strategy. Legal defences have become political narratives. It has been a tricky mix of politics and law with almost every political matter landing before the court. Literally, the ball of politics has been in courts constantly.

Colonel Charles Dunlap describes lawfare as 'a method of warfare where law is used as a means of realizing a military objective'. In this sense, this lawfare may be a more humane substitute for political strategy in Pakistan. Political parties have also become skilful at their lawfare strategy. They have engaged top-notch lawyers in the country to represent in courts and on television. Political wings of parties are also active in election to lawyers' associations all year around. As a result, the legal fraternity is seeing an unprecedented political split.

PTI has been aggressive with its use of the lawafre strategy. Against the backdrop of cases, arrests and a full-blown legal blitzkrieg, it has also been on the offence as well. It is using its constitutional rights as a political strategy too. First, it kept the Punjab and KP governments intact during the first phase of their agitation against the government. After some eventful sessions of Punjab Assembly and Supreme Court's interpretation of 63-A, it finally got dissidents de-seated through ECP. It fought for Punjab CM's electoral process in Supreme Court as well and later when matters pertaining to PML-Q parliamentary leadership and votes were also decided by the Supreme Court after the Deputy Speaker's ruling. However, it dissolved both these governments in January and the election date was also decided after intervention from the courts. The implementation of this order and the matters of delay are now before the Supreme Court, which has become quite a legal challenge for the government. PTI has also filed petitions against interim governments terming them illegal. Much depends in politics on the outcome of these cases before the courts.

Similarly, the saga of PTI resignations is also one of political lawfare. First, it resigned from the assemblies and moved the court when the Speaker Office left the issue hanging in the air. It wanted the Speaker to approve these resignations. Then, as a change of strategy, it wanted to...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT