Daily Times

Given the political history of our judiciary, exceptional level of trust is needed to dismiss an impression, which PMLN and many among analysts believe, that at least some in judiciary are hand in glove with the deep state. For a moment let’s assume there’s nothing clandestine which might be aiming at shooting down the very idea of democracy and the acceptance of a civilian supremacy. Yet, many critics opine that so far the tenure of Justice Saqib Nisar has not added anything to the dignity of this august institution.

What we have noticed in the last one year or so is that the role of the current judiciary is more like a sequel to Justice Iftikhar Chaudhry’s tenure. Back then while we saw judicial activism expanding its horizon and scope, public benefitted little from the charade of suo motu led judicial activism in terms of timeliness and the quality of judicial verdicts. It’s not surprising that Justice Chaudhry’s tenure is remembered as lost years in the judicial history of Pakistan, for he enjoyed such a massive public following and euphoria after his reinstatement as the Supreme Court’s Chief Justice. With the support of the masses, he could have revolutionized the justice system in favor of public at large and democracy.

Notwithstanding the sheer mismanagement of the last PPP government when Justice Chaudhry rode the crest, he grossly transgressed away from his role and into the sphere of executive’s day to day affairs. He fell for building his personal image and cult-like following at the expense of any betterment of the judiciary as an institution. Consequently, today, he’s remembered as nothing more than a charlatan who hoodwinked us all as if a messiah.

Unable to learn from the mistake of his predecessors, the current leadership of the judiciary is in reckless overdrive where it has already hit the railing and has affected its magnanimity. Let’s spare the JIT formulation episode in the Panama Offshore Assets case via dubious Whatsapp calls. In January last, a heinous incident of rape and killing of a minor girl Zainab from Kasur, Punjab, caused an uproar in all segments of the society. Cashing in on the public anger, a TV anchor, known widely for his hearsay based analysis, revealed in his late night show that the police was downplaying the case and that the perpetrator in Zainab’s case actually had around 37 bank accounts as he was a part of an international network involved in pedaling child pornography.

‘Those holding the highest constitutional positions in the country have the duty to add to the grandeur and dignity of their institutions rather than wrecking their credibility further’

Taking notice of the anchor’s revelations, The Chief Justice formed a JIT to investigate the former’s claims. Not knowing that his action only gave credence to a conspiracy theorist, the following weeks and months were wasted only to find out whether the perpetrator, Imran, was an isolated psychopath or was a member of any racket with thousands of dollars in his alleged bank accounts. Already lacking any journalistic credibility, the anchor had little to lose but the Supreme Court of the country got bruises on its institutional prudence for taking action on ridiculous hearsays revealed in a late night TV show.

If our expression is any measure of our character then those sitting on the highest echelon of justice should be most careful with their expression than others. As the honourable Chief Justice is in the habit of quoting others, he should not forget this quote: ‘not judges but only their verdicts must speak’. It’s surprising that Chief Justice had all the time in the world to invite a journalist for a detailed interview to announce his vision and the plan about next general elections as if the country doesn’t have an independent Election Commission or an executive independent from the judiciary to carry out the job.

The expression and language used by the court in its proceedings are also bizarre and unprofessional. A few days back while hearing a case on poor disposal of hospital waste, and grilling the provincial health minister, the Chief Justice from his phone showed the minister a WhatsApp picture of some doctor who performed a surgical operation in shalwar qameez. Ironically, when the minister said the doctor in the picture doesn’t come under his ministry, the Chief Justice losing his temper rebuked ‘what kind of minister are you then?’

Likewise, in another suo motu on news of around 60 billion rupees corruption in Pakistan Railways, the Chief Justice revealed how in India uneducated people like Lalu Prasad had turnaround the railway department into a profitable organization. Little did he know that Mr. Lalu is pretty much well educated and a law graduate. Obviously, such an imprudence which only exposes one’s oblivion doesn’t add to the dignity of the office as high as the country’s Chief Justice.

Those holding the highest constitutional positions in the country have the duty to add to the grandeur and dignity of their institutions rather than wrecking their credibility as populist rhetoric in delivering justice only spoils the prestige of an institution.

The writer is a sociologist with interest in history and politics. He tweets @ZulfiRao1

Published in Daily Times, April 12^th 2018.