Fearful in the shadow

Walk away as one may, it continues to stalk
The suo motu notice taken by the Chief Justice of the alleged involvement of his son in a financial scam is a timely and brave response to the murmuring conspiracy against the judiciary ostensibly hatched in connivance with the highest in the ruling political hierarchy. Conceived as a heinous effort to derail the accountability process, the possible success of the plot could have extremely damaging consequences for any credible sustenance of the state infrastructure.
The contours of the conspiracy that are gradually unveiling encompass the piecing together of a sinister plan to woo Chief Justice Iftikhar Chaudhry through his son Arsalan with an intention to blackmail him into submission. Among other damages, that would have gravely impacted the judiciary’s resolve and drive against the rampant corruption of the government spearheaded by its principal functionaries and associates including the president, the prime minister and other leading members of the ruling coterie.
The plan involved the ‘investment’ of sizeable amounts in the ‘businesses’ of the CJ’s son. As an accompaniment, he, along with his family members, was taken on numerous lavish trips to some fashionable destinations around the world. These forays were all recorded as ‘evidence’ of his ‘involvement’ in the alleged ‘crime’. It has also been speculated that the graphic details were to be unveiled in London coinciding with the CJ’s recent trip to the UK to receive a prestigious award, but the plan was aborted at the last moment for fear that he might respond by taking notice of the matter and announcing a comprehensive investigation into the alleged affair to lay bare the many hidden and ugly faces. Little did the conspirators know that the trap they were laying for the judiciary would boomerang on them.
The prospect of aborting an investigation into the rumoured matter never being an option for an upright judge, the CJ proceeded with alacrity to constitute a 3-member bench, including himself, to investigate the allegations. His later decision to disassociate himself from the said bench is in consonance with the highest principles of justice and in accordance with the laid down code of conduct for the SC judges. This was the only rational course that events should have taken to block the avenues for the alleged conspirators to do the disappearing act after creating doubts and inflicting the damage.
It should not be forgotten that in the reference sent to the judicial commission by the former dictator Musharraf, it was alleged that the CJ had used his offices to facilitate the transfer of the same son to a more lucrative position that was otherwise not permitted by law. That further accentuated the need for initiating an immediate investigation with the priority intention to deliver befitting punishments to all who are found involved in the scam and its beneficiaries.
The reverberations of the alleged corruption of the CJ and his family members had almost become a norm of late. Every time the SC was on the verge of announcing a decision potentially damaging to the incumbent ruling mafias, these reverberations would pick up in both frequency and intensity. Generally, one tended to brush them aside as another vile mechanism of the government to divert public attention from its corruption and virtual abdication of democratic responsibility to provide relief to the people. But, now that it has all come about in the shape of an alleged conspiracy to target the credibility of the judiciary and impact its functionality, it is vital that the hidden hands behind the plot are unearthed. That would happen not with the indictment of Arsalan for the alleged scam or otherwise. The matter should be pursued beyond that to unearth the motives behind the plot and to punish the conspirators to ensure that such nefarious indulgences are not repeated in the future.
The intentions of a perpetually errant government, particularly with regard to its blatant and vengeful defiance of the judiciary, have always been evident ostensibly to discredit and damage the institution irretrievably. But, it is not because of the government’s potential to indulge in such degenerate proclivities that one would lose one’s faith. One would do so if there were credible indications regarding the CJ’s involvement in any unlawful activities, or if he were to defend the alleged or try to hide the corruption of his son or family. It is the CJ’s name on the line. But, more than that, it is the judiciary’s name that is on the line. It needs to be cleared and the prime responsibility for that rests squarely on the shoulders of the CJ.
On the face of it, the alleged plotters seem to be backing off already. Malik Riaz, the principal architect of the plot, is in London reportedly awaiting an operation and would not be back before the doctors allow him to travel. It was also submitted before the SC bench that he had resigned as chairman of the Bahria Town. His associates have denied, under oath, any expense incurred from their accounts. The anchorpersons who broke the news are also not forthcoming on the plea that the documents were shown to them by Malik Riaz, but not handed over. That reflects an apparent unwillingness of the alleged principal conspirator to force the matter beyond the realm of a whispering campaign with the prime intent of causing damage to the institution and its chief adjudicator. This is a luxury that has to be denied to him and all his cohorts.
It should also be probed whether other state institutions were involved in the alleged conspiracy and, if yes, what was the nature and extent of their role. This is essential because of the excessive politicisation of these institutions leading to their virtual liquidation. They have to be restored to some level of health and vitality and there would not be a better occasion than this to start.
Surprises may never cease to occur, but this is one surprise that should be converted into an opportunity – an opportunity to put things right.

The writer is a political analyst and a member of the Pakistan Tehreek-e-Insaf. He can be reached at [email protected]