Daily Times

Remember when an inconvenient moment of truth saw a senior puisne judge request people to “judge us, not the institutions?” Well, the message has clearly been received albeit a little late. Justice Qazi Faez Isa might not see the irony in being the sole representative of the higher judiciary in the house of the Legislature, but for many, there could not have been a more brutal attack on the trichotomy of power. His decision to sit on the treasury benches, flanked by politicians that have been a regular feature of trial rooms, has managed to stir the hornet’s nest for the millionth time in the past few days. The daggers are out and fervent supporters of both sides cannot wait to spill blood, both literally and figuratively.

Now, there are many who draw parallels with the marvels of the past where a specific judge loved the limelight a little too much to stay within the constitutional bounds of his profile. With a photo-op here and a press conference there, flexing was, clearly, in vogue. But hiding behind the mistakes of the past does not suit anyone, especially when that someone is destined to soon become the face of the higher judiciary. Hasn’t this now become yet another case of the pot calling the kettle black?

Desks thumped and the government camp found a new favourite as he held the little book and reiterated its supremacy after the code of Allah Almighty. For a nation struggling through excruciating constitutional duress, such a soundbite must have made him all the more charming yet the timing and questionable optics stress for a pinch of salt. That he chose to become a fiery outlier and pay no regard to the judicial code of conduct, which clearly demands all members of the Bench to tread on the tightrope with the utmost care, continues to gain traction in both drawing-room discussions and news studio battles. As available on the supreme court’s website, Article III of the Code of Conduct for Judges of the Supreme Court and High Courts provides, “To be above reproach, and for this purpose to keep his conduct in all things, ‘official and private, free from impropriety’ is expected of a Judge.”

Unrelenting showdowns with the Constitution while “managing” the odds to encourage confrontations within the judiciary would not bode well for anyone.

“Above Reproach.” Read that again. What about the last few news cycles has enthused confidence in the capability of the judiciary to remain above reproach?

The intent of Justice Isa as he reached the parliament for a “special celebratory” session must have been noble. There’s no denying that. Quite proud of his legacy (as he should be), he must have seen no harm in applauding a key milestone of a country his father had contributed so much for. After all, what is a country without its constitution? In a video circulating on social media, he can be seen appreciating the founding father for his emphasis on the rules and protocols, the “aain” of everything he chose to be a part of.

But equally worrisome is the fact that a member of the bench that loves to talk about decorum conveniently forgot that his prime duty “as an individual (was) to present before the public an image of justice of the nation.” He might have realised the error in his ways as the session progressed, going by the content of his clarification statement. But, instead of trying to throw the ball in the Speaker’s court, it would have been far better to own his share of the mistakes. After all, wasn’t it just last month that he had historically wondered why judges of the superior courts are seen as “holy cows?”

Notwithstanding the heated campaign on social media, the dye has already been cast, and there’s nothing anyone can do other than take a close peek at the horrendous state of affairs and realise this bitter institutional wrangling cannot, and should not, be allowed to poison the wells any longer. All three branches of the state need to be united to help protect this fast-sinking ship. If hollow lipservice about the sanctity of the country’s golden code is enough, the lawmakers are more than welcome to extend their celebratory galas. But in the real world, every single action taken by them and their brothers-in-arms on every single day counts. If the supremacy of the constitution tops their agenda, they should think twice before throwing stones at the judiciary. Unrelenting showdowns with the constitution while “managing” the odds to encourage confrontations within the judiciary would not bode well for either the government or the opposition. Their dedication to the bigger agenda, the ultimate holy cow, their motherland, is now up for question.

The writer is Oped Editor (Daily Times) and can be reached at durenayab786@gmail.com. She tweets @dureakram