Things will not be much different for the Pakistan Muslim League-Nawaz (PML-N) government after the exit of incumbent Chief Justice of Pakistan, Justice Iftikhar Muhammad Chaudhry and change of guard at the General Headquarters (GHQ), contrary to popular perception in the country.
PML-N circles believe that Prime Minister Nawaz Sharif and top government functionaries would open up once they see the back of Justice Chaudhry. They expect Nawaz to take vital decisions once Justice Chaudhry leaves the stage, hoping the new CJP will mind his own business or lie low, giving the government a free hand.
Some PML-N leaders even think that their real term of governance would start from December 11, when Iftikhar Chaudhry would retire after completing a very eventful and active tenure as chief justice of Pakistan.
Interestingly enough, it is the incumbent CJP for whom the PML-N and Nawaz Sharif launched the historic long march that forced the then prime minister, Yousaf Raza Gilani to restore the deposed judges.
Even before that, the PML-N leadership quit the coalition government in protest against PPP government’s delaying tactics to restore the judges. But now it is the same PML-N that considers Justice Chaudhry a bit of a hurdle in the execution of their agenda.
Political and legal circles, however, harbour different views on post-Iftikhar Chaudhry period.
They say the restoration of NADRA Chairman Tariq Malik by the Islamabad High Court, without involvement of the chief justice or instructions from him should be an eye-opener.
These circles maintain that a lot would depend upon the policies and conduct of Justice Tassadaq Hussain Jillani. However, there is a general impression that it would not be an easy task for the new CJP to conduct himself after the judicial activism of Iftikhar Chaudhry.
“He will have to strike a delicate balance. He should not appear to be over-board and over-bearing as was the case with Iftikhar Chaudhry. But at the same time he cannot afford to give an impression of a weak person looking the other way while the executive resorts to corrupt and unconstitutional practices. Within no time people would start remembering Iftikhar Chaudhry. He needs to avoid the creation of such perception,” observed a legal expert.
It is widely believed that if the government looks for some relief and respite, then it is quite premature to make such expectations.
Legal experts say that the new CJP is a legal-minded person who will prefer to speak through his judgements as opposed to his predecessors, who liked making headlines. It is expected that as opposed to the past, the new CJP will rely less on suo motu notices and would also be little less inclined to dictate to the executive or administration. These experts, however, do not find any place of judicial activism in the post-Iftikhar Chaudhry period.
Experts are also convinced that even the new military leadership cannot afford to give much room to Nawaz in the formulation and execution of national security and foreign policy.
Senior Pakistan People’s Party leader Tanvir Ashraf Kaira feels the same for the ruling PML-N.
“They (PML-N) have kept some important decisions pending in the hope that the new CJP will give them greater liberty. We think their expectations will be dashed sooner than later. The new CJP will continue with the effective interpretation of constitution as done by his predecessor. He will stop the PML-N government from doing anything unconstitutional as happened in the case of the NADRA chairman,” he said.
