Daily Times

Whilst studying at the law school, I could not have imagined, even in most pleasant of dreams, that one day I would be establishing a correlation between an old nursery rhyme called, ‘Ba-Ba, Black Sheep’ and the highest judicial officer in the country. Even a day before the legendary ‘baba’ comments by the Chief Justice of Pakistan, I chanted this poem, albeit in my amateurish voice and much to the chagrin of my otherwise amiable better-half, to ensure that my one-year old son went to sleep without finding much constitutionality or otherwise in the poem.

Today, however, was revolutionary, as when I once again hummed this poem in chorus with the singer for the sole benefit of my little one, I noticed that it is not the ‘baba’, as envisaged by the Chief Justice to be an elderly and wise man dispensing justice in villages in Punjab and Sindh; but the unique sound of a sheep, ie, ‘Ba, Ba’. Nevertheless, the spirit with which the black sheep vows to distribute three bags of wool between the ‘master’, ‘dame’ and the ‘little boy who lives down the lane’ can be associated with the onerous obligations of the Chief Justice to dispense justice in the country.

“The judiciary is your baba […] do not doubt its integrity… The baba has not and will not become a part [of a plan],” said the visibly irritated Chief Justice of Pakistan Mian Saqib Nisar, while addressing a gathering of lawyers in Lahore. Now what necessitated the unrestrained remarks by an otherwise cautious Chief Justice, who has adopted a policy of ‘over self-restraint’ despite the provocative and contemptuous language being used by all and sundry, is any one’s guess. It could be that he wanted to vent his feelings before his ‘constituents’, nay to complain, about the uninhibited volleys of invectives hurled towards the superior judiciary by the now-disqualified leadership of PML-N; or it could be that he wanted to shun any pressure that might have been exerted on him to become part of a ‘grand plan’. The message was clear; but the receiver was not.

Whosoever the receiver was, the effect of the ‘message’ has been rather damaging not only for the ‘messenger’ himself but for his peers donning the robes of justice, as it has rekindled the inglorious and checquered past inherited by the current lot of the ‘messengers’. One needs not go down the annals of history to recall that if anyone can be blamed for providing the much-needed legitimisation to the long bouts of martial laws in the country, it is none other than our beloved judiciary.

One admission of the Chief Justice merits due attention, whereby he has acknowledged the delay in the judicial process by saying that some ‘not very competent judges’ are responsible for the delay, multiplication of litigation and expensive litigation

The supporters of PML-N could not have asked for a better opportunity to blame this organ of the state for being partisan, especially in the light of exoneration of Imran Khan of all the wrong doings attributed to him — totally choosing to ignore the disqualification of Jehangir Khan Tareen and the dismissal of the half-hearted appeal in the Hudaybia case by NAB. The PPP has also jumped on the bandwagon to find a scapegoat in the ‘injustice’ meted out to them by the ‘Baba’, as if this was the sole reason for the non-provision of the promised ‘roti, kupra aur makaan’ to the impoverished people of this country during its 5-year rule.

The Chief Justice, on the other hand, might have vowed to break with the past and hoped to have a new start, whereby no one could doubt the integrity of the judiciary. It is in this spirit that any optimistic citizen of Pakistan would take the off-the-cuff remarks of the Chief Justice, who has demonstrated that he adjudicates only as per ‘his conscience and law” ever since he took over as the Chief Justice of Pakistan. Judges are, after all, humans; and humans are prone to err, as the axiom goes. Like humans, they may have a past which they would like to forget and move on. The judges might have vowed individually as well as collectively to abide by the dictates of the constitution and not to that of the dictators anymore. They might have pledged to uphold democracy and rule of law; and above all, they might have undertaken not to become ‘part of a design or a grand plan’. However, one may always gape into the past of the judiciary and hold it culpable for all that ails this country, until visible, yet sustainable, signs emerge showing that this institution has turned a new leaf. Mere statements would not come to our succour.

One may also argue that what was the need for these candid remarks, given the voluminous judgments authored by the respective benches of the Supreme Court in both Panama judgments and their review, along with the recent ones pertaining to the leadership of the PTI — not to forget the impromptu, and sometimes rather distasteful, observations made by judges during the proceedings, in which they would have had ample opportunity to vent their feelings and respond to their critics. What more, if anyone had crossed the limits that could not have been endured; the self-imposed restraint could have been lifted, for once, to teach the culprit a befitting lesson. After all, what is the use of the contempt of court laws, if they are not be utilised in a contemptuous milieu like this?

Nevertheless, one admission of the Chief Justice merits due attention, whereby he has acknowledged the delay in the judicial process, by saying that some ‘not very competent judges’ are responsible for the delay, multiplication of litigation and expensive litigation. Now, it could be asked that who is responsible for the appointment of these ‘not very competent judges’, and whether an objective criterion and procedure is followed for their appointments. Lo and behold, it is the judiciary itself, with a cosmetic Judicial Commission headed by the Chief Justice of Pakistan himself and an inoperative parliamentary committee. Secondly, does there exist an across-the-board accountability system within the judiciary, especially the superior one, to ensure that the incompetent and incapable, who somehow manage to join its ranks, are shown the door? The answer, unfortunately, is in the negative, given the dysfunctional nature of the Supreme Judicial Commission. One needs not allude to the dilapidated condition of the lower judiciary, starting from the procedures of their appointments to lack of performance audits; and finally ending up in the plight of the majority of the litigants who are running from pillar to post in pursuit of the elusive justice.

All in all, after the much-celebrated ‘success’ of the phrases like ‘Muje kion nikala?’ (Why was I ousted?) by ex-PM in the aftermath of his disqualification by the apex court, the politicians, journalists and the public-at-large have found the new catchword in the shape of ‘Baba’. The politicians and political workers belonging to PML-N and PPP are having a jibe at this sacred and most important organ of the state of Pakistan, without fearing for any adverse consequences. As if their disliking for judiciary was not already certified, such inconsiderate remarks by the head of the judiciary have provided more fodder for their political consumption.

The writer is an Advocate of High Court; email: naumanqaiser@gmail.com; twitter: @naumanqaiser

Published in Daily Times, December 22^nd 2017.