The judicial restraints shown by the Chief Justice of Pakistan Iftikhar Muhammad Chaudhry which led the judiciary in a number of cases involving executive’s excesses, particularly in judicial matters, indicate that the judiciary understands values and supports the evolutionary process that Pakistan is going through.
Although dozens of judicial verdicts in various matters involving executive’s interference in judicial matters, institutional corruption and human rights’ violations have not been implemented by the government and its institutions in letter and spirit, however the judiciary is still trying and making efforts for the implementation of its decisions, not only for the sake of its independence, but also in the best interest of the country and its future.
In light of recent decisions of the apex court in Haj corruption and NICL cases, one cannot claim that the Supreme Court was making decisions in haste and vengeance. In Pakistan, the judiciary has always been considered subservient to the governments; whether headed by the civilians or military dictators. No one, before the CJP, had dared to stand up to a military head of the state against his unconstitutional steps.
The bold stand of the CJP founded a new arena in judicial history of the country. Lawyers believe that the judiciary is acting very prudently as it carefully makes its steps in the continuously evolving situation. But people question that for how long the standoff between the executive and the judiciary, which some times rises and then goes to dormancy for again rising up, would continue and what would be its ultimate consequences, as the ultimate sufferers of this row are the poor masses, particularly common litigants.
It is evident from the past three years that the government is continuously on the path of confrontation with the judiciary just to protect its blue-eyed involved in corrupt practices by one way or the other. The Supreme Court is taking actions against the illegal and unconstitutional steps of the politicians and the bureaucrats.
Mass protests against Pervez Musharraf and lawyers’ movement for restoration of judiciary are the factors which reinstated the independent judiciary. Justice Chaudhry led Supreme Court is dedicated to eradicate corruption from all levels, which is evident from the NRO case in which Supreme Court declared NRO null and void and ordered to reopen and reinvestigate all the cases of corruption against politicians and bureaucrats including President of Pakistan Asif Ali Zardari.
A cold war is going on between the corrupt politicians (either they are in government or opposition) and the judiciary. The hurdles being erected in the implementation of the Supreme Court verdicts by the government seem apparent efforts to sideline the independent judiciary by different tactics. Role of NAB is very important for eradication of corruption from high strata of the society and this department is working in almost all democracies of the world although with different names.
An independent NAB is absolutory necessary to curb the corruption but here NAB is under the influence of the government. In the past, NAB has been used by the politicians to hunt their opponents. Without independent NAB and independent judiciary, it is impossible to eradicate menace of corruption from the country. However despite repeated orders of the Supreme Court, the government has not yet appointed the NAB’s chairman and prosecutor general making the bureau dysfunctional.
The Supreme Court is trying to bring all corrupt politicians in court of justice but so far its efforts are getting little success because of the bureaucratic and governmental hurdles. So far, the government has failed to pressurize the Supreme Court, because it knows that the people of Pakistan and the lawyers’ community are behind it.
In the nutshell, today Pakistan is bleeding due to rampant corruption of politicians, bureaucrats, landlords and industrialists and the only hope for eradicating corruption is independent judiciary.
