At no time in the country’s history was judiciary presented such an opportunity to regain its prestige that it has lost over decades by decisions that favoured usurpers and by generally siding with a predatory ruling elite. The verdicts that legitimised military rulers not only derailed democracy but also led to the reduction of the courts’ own authority. Both civil and military rulers subsequently took actions to further turn the judiciary into a handmaiden. Civilian rulers packed courts, appointed confidants to key positions and sidelined independent judges. Two military rulers required judges to take fresh oath under PCO to get rid of those considered meddlesome or unreliable.

Those in power wanted docile courts to be able to give free play to their authoritarian tendencies. The nexus between the obliging judges and rulers allowed the later to violate the constitution and break laws with impunity. The collusion promoted bad governance, encouraged mafias and led to the rule of the jungle. This provided an opportunity to the high and mighty to get away with anything. In the meanwhile the common people suffered due to lawlessness. The state of affairs bought down the image of the courts among the general public. There were frequent demands for speedy justice through a parallel judicial system. Some began to idealise primitive judicial mechanisms.

A number of decisions taken by the Supreme Court under Justice Iftikhar Mohammad Chaudhry made many realise that with judges acting independently the present judicial system could be made to deliver. The CJ took decisions that provided justice and sense of empowerment to the marginalised sections of society. In Sindh the relief provided to Munoo Bheel inspired many downtrodden people and human rights activists. In Punjab police high ups were pulled up and told to pursue cases of the helpless people who had been running from pillar to post for years. In several cases the CJ initiated proceedings on the basis of letters sent to him by those too poor to approach the courts or afraid to enter the police station.

By taking up numerous public interest cases like the New Murree scam, stopping the sale of the Pakistan Steel Mills, entertaining petitions against high rise buildings and instituting inquiries into disappeared persons the CJ earned the enmity of powerful sections of the ruling elite but the number of his admirers also increased all over the country.

The present reference against Justice Iftikhar Chaudhry is seen by thousands of people as an attack on the independence displayed recently by the superior courts. With the apex court showing activism, the high courts too followed suit. Those who have come out to protest against the action taken against Justice Iftikhar weak after weak since March 9 do not want the clock to be set back. They want to assure the judiciary that they fully back the struggle for its independence. The CJ’s refusal to be cowed down symbolises in their eyes the courage displayed by judiciary While many do not understand when he talks a bout separation of powers or other constitutional issues, what draws thousands to protests is the fear that they would again be at the mercy of a rapacious and lawless elite if he was not restored.

It is for the judiciary now to seize the hour to regain its turf. It can no more complain that it is unrealistic to expect a few judges to take on powerful forces to establish the writ of the law. The judiciary is no more alone. It enjoys for the first time in the country’s history the unstinted support of the entire legal community from one end of the country to the other. Thousands upon thousands of lawyers continue to boycott courts, take part in hunger strikes and join protest marches. The SC has the backing of widely respected retired judges as well as the sitting judges of the high courts and lower courts. What is more the entire country supports the freedom of judiciary. Pakistanis abroad too have taken out processions to condemn the attempt by the executive to browbeat judiciary. Never before has media taken such a clear-cut stand in support of the judges.

The ruling elite is in disarray. The action against the CJ has created divisions within the ruling alliance. The offstage players and the political supporters of the regime do not see eye to eye with each other on the issue. The international legal fraternity as well as the media in the democratic countries supports the CJ’s cause.

Will the judiciary assert its independence at this historic moment, break with the past and add a new and glorious chapter in its history?. The other two pillars of the state should have no fear of independent courts. A judiciary that can act as a bold and powerful guardian of the constitution is a must for a law-abiding society.

E-mail: azizuddin@nation.com.pk
The Nation 14.6.07