The sight of our honourable judiciary standing at the crossroads is fast becoming a regular fixture. With the chief justice of Pakistan announcing a larger bench to deal with the bombshell revelations contained in a letter written by six of his brother judges on the heels of an announcement of a one-member commission established under Justice Tasadduuq Jillani, there remains little doubt in the frenzy menacingly inching closer to such a crucial constitutional cornerstone.
Previously, the much-talked-about initiative by the government had received mixed reviews. Although there were many who appreciated this move that sought to thoroughly investigate the alleged involvement by intelligence agencies in judicial affairs, Justice Jillani’s recusal quoting how TORs for inquiry were not “strictly” relevant to the subject under consideration speaks volumes about our preference for knee-jerk reactions.
While lawyers and civil society members have appealed for a “cognisance” in light of Article 184(3) of the Constitution, the need to follow due protocols cannot be emphasised enough. Article 209 did not stand applicable because the IHC judges had not demanded any corrective remedies but general guidance as to their code of conduct.
What happened henceforth might give the whiff of an about-turn as several have rightly pointed out how a larger bench could be seen as an attempt to give the judges an easy way out instead of emphasising a thorough investigation.
The situation remains just as convoluted: instantaneous solutions cannot make do. The need of the hour is a lasting and comprehensive protocol that allows justice to shine through every obstacle.
Dragging feet with confusing announcements would only serve to add to the abyss. Justice Isa along with the government needs to pay heed to the big picture. Law, not judges, need to be satisfied. All eyes remain fixated on the bench, contemplating its next move. *