The untouchable

Call it a coincidence, but messing with an untouchable in Pakistan has become an omen for governments to fall. Musharraf had to abdicate the presidency for challenging his dubious progression in life from becoming a doctor, induction in the Health Department, re-designation into FIA and elevations, thereof.

The same untouchable now owns a business of Rs 900 million, amassed in less than five years. Recently, he was accused of accepting millions as bribes from a real-estate tycoon, who happens to be close to the government circles - perhaps a wrong move.

As the media started to discuss the allegations, the CJ took suo-moto action by forming a bench of three judges, including him-self. This action was taken on the plea that the accusations on the untouchable were a conspiracy and image of judiciary was at stake, despite the fact that there was no complainant, no defendant, not even FIR. Thanks to legal advice by many, the CJ delinked himself from the case. The remaining bench hurriedly passed on the bucket to the AG and ruled that on the basis of the business tycoon’s written statement in the court “reputation of judiciary stood cleared”, completely ignoring what he had said in the press conference the same day. No sooner the two member bench got rid of the case, the entire episode was again termed as a ‘conspiracy’ against the judiciary, for which someone must pay a heavy price. 

On 19 June 2012, a three bench court disqualified PM Gilani in the contempt case with effect from 26 April 2012, notwithstanding the fact that in the initial judgement on 26 April 2012, the seven member bench had not specifically mentioned about the PM’s disqualification and Speaker’s ruling on the subject, being a constitutional matter, required detailed deliberations. On the other hand, the untouchable’s case is still moving at a snail’s pace by using well known tactics common in our judicial system. The investigations have been taken back from NAB and assigned to a one-man commission – former IG Sohaib Suddle. Why just a one-man’s commission and why Suddle, is anybody’s guess.  

In a country like Pakistan with rampant corruption and diminishing rule of law, judicial activism may be necessary but it must never turn into judicial dictatorship, though a possibility. After all, CJ has a cabinet of SC judges, just like Army Chief’s Corps commanders, has lower judicial hierarchy to support him just as military chain of command, and black coats just as soldiers with only one exception that the latter cannot beat policemen, media persons and judges with impunity. In that sense, CJ in Pakistan is much more powerful than the COAS, and, as such, temptation to be the ‘boss’ and call the shots is natural, at least through indirect control over the executive composed of politicians who falter frequently and remain prone to judicial scrutiny. Such inclinations, however, must be curbed as authority without responsibility is a sure recipe for disaster.  

May be, Gilani’s ouster was justified but can the country sustain frequent sacking of the governments? We as a nation must be clear that interventions by the President or the military establishment (as was the case earlier) or by Judiciary (this time) have never served / would not serve the cause of democracy. The country has suffered a lot due to direct and indirect rule by the military and now that it has decided to stay clear, any attempts by the judiciary to fill the vacuum would be disastrous and may ultimately lead to Pakistan’s Balkanization. 

Judiciary has shown enough muscle but if it still feels that it must immortalize itself, same can be done by earnestly investigating the untouchable’s dubious progression, instead of passing on the bucket, find out details of how he amassed Rs 900 million (or so) worth of business, what do his tax returns show about the source of income, did he receive alleged financial favours from the real-estate tycoon and if found guilty, try him with the speed with which the former PM was disposed off by the three member bench – shortest way for the Judiciary to reach the highest pedestal of moral ascendency.