No institution in the country seems capable — or willing — to take Pakistan out of its current mess
By Nazarul Islam
Pakistani government continues to pursue a policy of judicial reforms and constitutional amendments in order to fix the term of the chief justice of the country’s Supreme Court. This has obviously raised grave concerns in Pakistanis about the government’s real intentions and objectives in mind.
A vast majority of Pakistanis supported the Pakistan Tehreek-e-Insaf (PTI) stand relating to Shehbaz Sharif government’s plan to extend the tenure of the current Chief Justice Qazi Faez Isa. This was nothing short of an effort to throw wool in our eyes. It was a blatant attempt, targeted to undermine the integrity of the judicial system and further protect the “interests of the incumbent government.”
It is a fact that the proposed amendments had been crafted on the dictation of powerful people, who wear uniforms and claim to be better equipped intellectually and/or logistically to control the government run by a handful number of people, tasked with delivery of goods.
Khan’s confrontation with the military has now devolved into an existential, zero-sum fight between the country’s most popular politician and its most powerful institution. Khan, once the military’s favored politician, has since last year stoked popular resentment against the institution, which he blames for his ouster. The alleged attacks on military buildings after Khan’s arrest was intended to damage the institution’s veneer of invincibility. The military — long Pakistan’s sacred cow, its one institution deemed untouchable — had not taken kindly to Khan’s dissent. It has responded forcefully to the protests on May 9 — which it called a “black day” — saying that violent protesters would be tried in military courts.
Trying civilians in army courts would violate Pakistan’s obligations under international human rights law. But Pakistan’s National Security Council had reportedly backed the military’s decision and its civilian government was coerced to line up behind it, dealing a blow to the constitution and rule of law in the country. In some ways, Khan’s popular support had acted as a buffer over the last year against the military’s assertiveness. But after the protests on May 9, the military establishment reverted to its usual playbook for political leaders and parties that fall out of line in Pakistan. In this, it had used the pliant coalition government as its partner, as it has in the past with the government of the day.
Pressuring politicians to quit or switch parties has long been part of the Pakistani establishment’s playbook, which allows it to maintain an iron grip on politics.
For its part, the government, in its eagerness to comply with the establishment, has been all too willing to forget the lessons of the past, when it itself had been at the receiving end of the establishment’s ire.
Senior leaders of the PTI, part of Khan’s inner circle, have been rearrested repeatedly even after being granted bail. At the outset, they had buckled under mounting pressure and had been coerced to leave the party, one after the other. Shireen Mazari, the former human rights minister, who had been arrested five times over two weeks, was the first in the top ranks to quit this week.
Chaudhry, the former information minister, has followed suit. Party stalwart and close Khan Aide Asad Umar announced that he was stepping down from his leadership positions within the party immediately following his release from jail. Among the PTI’s senior-most leaders, only former Foreign Minister Shah Mehmood Qureshi, still remains incarcerated, the approach has remained with the party. Other prominent party members have also resigned. The government has repeatedly stated considering a ban on the PTI.
Pressuring politicians to quit or switch parties has long been part of the Pakistani establishment’s playbook, which allows it to maintain an iron grip on politics. Khan had been the beneficiary of such maneuvering prior to the 2018 election. But the ferocity of the pressure and the speed of the defections this time around have taken even seasoned observers of Pakistan’s politics and its civil-military machinations by surprise.
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Meanwhile, the ‘coalition’ government has taken on a separate confrontation with the chief justice of Pakistan’s Supreme Court, alleging that Pakistan’s judiciary is biased in favor of Khan. Parts of the judiciary are now pitted against one other.
At the same time, the economy is in dire straits. The country has been perilously close to default for months, and inflation reached a record 36.4% last month. The last tranche of an International Monetary Fund bailout program, set to expire in June, had been on hold for months as the fund has waited for Pakistan to secure loans from the Gulf and China. The failure of the coalition government led by Prime Minister Shehbaz Sharif to deal with the economic crisis has left it deeply unpopular.
No institution in the country seems capable — or willing — to take it out of its current mess.
General elections held on February 8, were massively rigged. For a while, it seemed that in the usual conflict between the establishment and an ousted political leader, this time could be different. Khan had momentum because of his rallies, the unique demographics of his popular support (urban, young, middle class), his party’s savvy use of social media, and the extent to which he took the military head-on.
But given the frontal assault on Khan and the PTI at this point, all of that may not be enough to substantially change outcomes for him. If history is any guide, it’s not looking good for Khan, his party, or Pakistan’s democracy. Quashing the PTI will leave behind a genuine and frustrated support base for Khan — one completely disillusioned with Pakistan’s establishment parties — that has no one to support.
Pakistan’s political parties have continued to follow the path where loyalist judges are comfortably placed in key positions of the Supreme Court
Global leaders sympathize with Imran Khan. Biden administration, which has limited its engagements with Pakistan over the last two years, was expected to stand in favor of democracy in Pakistan, the rule of law, and the supremacy of its constitution, all of which are currently under threat — and not with the United States’ usual and favored partner in Pakistan, its military.
This means the administration should explicitly speak up against violations of the rule of law and the country’s constitution — especially against the idea that civilians may be tried in military courts in the country — and in support of free, fair, and on-time elections in Pakistan this year. This is the only way forward for the country.
Apparently under the existing rules, Chief Justice Isa, who was appointed to his high office in September 2023 is due to retire in October of 2024. His successor has been notified. This administrative delay in announcement had given way to a looming judicial crisis at a time he is expected to relinquish his office in a few days, passing on the torch to the most senior justice of the Supreme Court.
Read: The Unsettling Situation
Had the CJP’s term been extended by overriding the rules, it would have had significant implications on the judiciary’s internal affairs. It would result in the sidelining or hindering of the chances of other judges who are in line to become chief justices over the next few years. It would also have undermined the credibility of the chief justice and the Supreme Court, as the extension would be perceived to be a politically motivated decision.
The issue therefore has raised controversies and obvious questions about political interference in the independent functioning of Pakistan’s judiciary. However, it must be noted that the judiciary and judges have contributed more than the political establishment may claim to have done, in undermining the judiciary’s credibility.
For instance, CJP Isa was considered to be fairly sympathetic to the current ruling alliance led by Prime Minister Shehbaz Sharif. His predecessor, Chief Justice Umar Ata Bandial, was regarded as more closely associated with the previous PTI administration.
Pakistan’s political parties have continued to follow the path where loyalist judges are comfortably placed in key positions of the Supreme Court, compared to judges who are presumed to effectively defend the constitution, and hand out impartial judgments.
Furthermore, when the PTI was in power, it had shot to remove Justice Faez Isa from office and filed a presidential reference against him. Nawaz Sharif the current Supremo of the Ruling elite had retracted this Reference in 2023, stating that his government did not intend to pursue the issue any longer.
With disconnect between the PTI and Isa growing over time, the current government found it tempting and convenient to leverage this. Of late, the present government attempted amend the constitution to raise the retirement age for Supreme Court judges from 65 to 68 years.
This would be convenient in allowing the current chief justice to remain in office for an additional three years, potentially shielding the government from any judicial challenges in that time. It is clear that massive protests called by Imran Khan from jail, the PTI-led opposition was able to avoid the government from amending the constitution, as this needs a two-thirds majority.
Should the government and its backers manage to get the constitutional amendment passed by the Assembly, the PTI at most, will try to stir up controversy by announcing protests or by trying to get support from lawyers and judges. Other than rousing the party’s support base, the issue won’t likely benefit the party politically.
Upholding the independence and impartiality of the court is essential for maintaining the rule of law and guarding the rights and freedom of all citizens
The recent mass protests carried out in Islamabad and Lahore by PTI workers, reflect that extending the tenure of CJP for political expedience cannot be undertaken. Rewriting the constitution is unlikely in the light of insufficient numbers of the members of Parliament, who will vote in favor of the amendments.
Perhaps the main issue is the tumultuous relationship with state institution, particularly the military and a section of the higher judiciary may likely undermine its political prospects.
An extended tenure for the current chief justice would have allowed him to shape the approach to the issues.
Pakistanis must reconcile with the fact that Imran Khan and the PTI do not lack the mass popularity at the moment. Rather, the party’s main problem is the tumultuous relationship with the state institutions, particularly the military and section of the higher judiciary, which continues to undermine its political prospect.
Upholding the independence and impartiality of the court is essential for maintaining the rule of law and guarding the rights and freedom of all citizens.
Read: Woes of Pakistan’s paralysis
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The Bengal-born writer Nazarul Islam is a senior educationist based in USA. He writes for Sindh Courier and the newspapers of Bangladesh, India and America. He is author of a recently published book ‘Chasing Hope’ – a compilation of his articles.
Disclaimer: The views expressed by the author are his personal, and do not reflect the editorial policy of Sindh Courier
