Tag Archives: Pakistan’s judiciary

After nearly 16 months into power, the PM has to learn that he holds the key to fixing many of the chronic issues of Pakistan – from economy to criminal justice justice system to autonomy of institutions and accountability.  For this, he needs to quietly engage with the apex judiciary and other stakeholders, instead of publicly shaming them.

The reference against Pakistan's two justices of the higher judiciary will have to prove their worth during the course they will have to take. But an important signpost has been erected by this reference, namely that nobody can claim to be above the law and laws apply to each and everybody.

Perjury or lying in court undermines the very purpose of the court, the laws of the country and the judiciary system at large: to bring justice to the people and society.

Pakistan's Chief Justice Saqib Nisar promises that monarchy-based democracy will not be allowed, and hopefully, he and his fellow justices will insist on the correct interpretation and implementation of the laws of the land.

Eliminating political and bureaucratic interference in the work of the law enforcement agencies aside, judicial activism must not cross the fail-safe line to US Supreme Court Justice Oliver Wendell Holmes’ concept of “clear and present danger”.

Can Pakistan’s legal justice system go beyond admission of problems, and initiate steps that can help those litigants who suffer because of the abuse of the “stay order” powers? Can the top judiciary propose measures to prevent, or at least minimize the collusion between lawyers and the subordinate judiciary?

In the best case scenario for Pakistan's former chief justice Iftikhar Chaudhary, even if he wins the case on technical legal grounds, he would in the process damage his own reputation and that of the institution he presided over. On moral grounds this battle has strong political overtones which damages the atmosphere in Pakistan when so many more important problems are on the cards.