Daily Times

Ever since the day Supreme Court decided to seek truth in Panama leaks, it found itself slipping into quagmire of controversy not befitting its pivotal role as the supreme judicial authority. What was being considered as fair and legal approach to an issue that was to unfold far-reaching seminal consequences, from the face of it — as it stands today — there is definitely much more than meets the eye.

Last week a rumour spread like jungle fire that the Speaker of the National Assembly had decided to move a reference before the Supreme Judicial Council to seek disqualification of Mr Justice Asif Saeed Khosa from sitting further in Panama leaks proceedings. Thank god, much hastily as it was spread, much more quickly it was scotched by the Speaker himself who came out categorically that neither there was any decision, nor there ever was any such move. This was endorsed by the Chief Minister of Punjab who publicly called upon the misguided members of his party to nip the machinations in the bud to ignite confrontation between institutions as the country was in no position to bear its consequences.

I smell a rat and also see a strategy that is pregnant with ominous signs of an unfolding anarchy. And mind you, the boys’ boy who was supposed to raise the banner of revolt from his party and his boss at a press conference last Sunday, smugly seemed satisfied of having done nothing of that sort

As if this was not enough to put the nation on tenterhooks, there erupted yet another crisis affecting the judiciary challenging its writ and hampering its smooth working. Lawyers’ community is known as custodians of role of law and irrevocable part of judicial system. However, in case of Punjab with largest ‘black coated’ community, PML-N oriented sections of it seems to have taken upon themselves the role of Italian fascist dictator Benito Mussolini’s Blackshirt militia by taking law in their own hands.

Unfortunately, the sort of misconduct that is being demonstrated these days in Lahore is much more of the same that one had witnessed when PML-N goons including some ministers ransacked the Supreme Court in 1997 and forced the then Chief Justice Sajjad Ali Shah to resign at the behest of handful of rented Supreme Court judges financially underwritten by the Prime Minister. Bitter seeds sowed then have blossomed into a harvest of miscreants now who instead of coming up with solid legal arguments, use their muscle power to dictate their whims as judgments.

Frequency of hooliganism in courts has alarmingly increased ever since the lawyers got restored Chief Justice Iftikhar Choudhry by their ‘million march’ led by opposition leader Mian Nawaz Sharif. Not that there is lack of courage among them but out of sheer compulsion of modesty, that many of the leading legal giants such as Barrister Aitezaz Ahsan and Human Rights Supremo Asma Jehangir who played key role in the lawyers movement — would agree their decision to support restoration of CJP — as one of those colossal error of judgment that one makes in life time.

I believe that much of its 70 years of its independent existence, the role of apex judiciary nor its judges has been exemplary. One could count outstanding judges on ones fingers tip; equal number would be of those who would be remembered for their judgments. However, nation would never forgive nor forget Justice Muhammad Munir whose doctrine of necessity has remained the most lethal weapon in the armoury of military dictators.

Nor would it allow that ignominious 4-3 judgment of the Supreme Court to be erased from its memory that enabled General Ziaul Haq to judicially murder Pakistan’s most outstanding statesman Zulfikar Ali Bhutto. Chief Justice Anwarul Haq and his three brother judges will always be remembered as the blackest blot on the face of our judiciary. Other three judges from smaller provinces who found ZAB innocent — namely Justice Dorab Patel, Justice Safdar Shah and Justice Muhammad Halim — would always be held as most upright judges who defied Pakistan’s worst military dictator.

In the present scenario the two judges who have been singled out as the target of the black-coated Blackshirts are reputed to be most honest, upright and outstanding, known for their understanding of law and its dispensation on merit. Personally I had heard of them but I have not had the pleasure of meeting any one of them. By his judgment that he had promised would be remembered for all times, senior most Supreme Court judge Mr Justice Asif Saeed Khosa has made millions of people his fan. As a journalist, I liked the bite in his pen.

Second target and more vicious at that, is the Chief Justice of Lahore High Court Justice Syed Mansoor Ali Shah. His impeccable reputation walks miles ahead of him. Lahore’s leading academic, author/analyst — Yasmeen Ali — profusely vouches for Shah Sahib’s integrity and uprightness. I consider her opinion about any one of weight as she stood single in the field opposed to restoration of CJP Chouhdry when others took him for granted as their Pied Piper.

Amongst the Lahori lawyers community, I would accept the word of Advocate Yasser Latif Hamdani who has described Justice Shah in his column recently one of those extraordinary judges who have tried very genuinely and hard to make Lahore and Pakistan better with their judicial pen. “His judgments on fundamental rights, environmental issues and local government are a credit to Pakistan’s judicial system.”

I would not like to go into the details of what the whole rumpus is about nor who has his dirty hands in it, connecting the dots together especially keeping in mind the defiance not to accept disqualification — I smell a rat and also see a strategy that is pregnant with ominous signs of an unfolding anarchy. And mind you, the boys’ boy who was supposed to raise the banner of revolt from his party and his boss at a press conference last Sunday, smugly seemed satisfied of having done nothing of that sort. Finally his advice has been taken and the former Prime Minister has decided to boycott NAB proceedings… leaving rest to the bewigged honest broker to fix a tear-free safe exit.

The writer is former High Commissioner of Pakistan and a veteran journalist

Published in Daily Times, August 23^rd 2017.