Erosion in prestige as he steps down
CJ Iftikhar Chaudhry’s defiance of a military ruler was a historic event widely hailed in Pakistan. The confrontation assumed a special significance as it came at a time when despite several attempts, political parties had failed to mobilise the people for the restoration of democracy. The first-ever challenge by a chief justice to an all powerful president in uniform came as a happy surprise to the common man while it infused a new spirit in the body politic. This brought thousands of people into the streets in support of the deposed CJ, demanding the restoration of the independent judiciary and end of military rule. The movement weakened Pervez Musharraf’s hold on power and was instrumental in his downfall. Never in the past had judiciary elicited so much public admiration and acquired such prestige. Justice Chaudhry’s frequent resort to public interest litigation was initially welcomed as it filled the vacuum in governance created by an unresponsive administration and an indifferent bureaucracy.
But the charm started fading with the apex court taking up complicated matters which it lacked the expertise to resolve including the prices of sugar and petrol and traffic jams in Karachi. As the apex court increasingly focused on big scams, bank defaults, and corruption in the political elite, its attention was diverted away from improving the quality of dispensation of justice at the level of lower courts that majority of the citizens come into contact with. It is ironical that despite a powerful CJ who effectively occupied the office for over six years there was no let up in corruption and endemic delay in dispensation of justice in the lower courts. The way the apex court acted under CJ Chaudhry, picking and choosing cases for hearing on the basis of discretion rather than any set rules, too was widely criticized. So was the way judiciary monopolizes the appointment of judges, depriving parliament of any effective role. The court even refused to reveal if there were judges with dual nationality. This created the perception that the judiciary wanted to be treated as a holy cow.
The Arsalan Iftikhar affair irreparably damaged the image of the outgoing CJ, who was expected to adhere to the high moral principles which he required the politicians to follow. The defence put up failed to answer all questions. The CJ could subsequently never enjoy the prestige he had earlier commanded.
