Adil Najam
The news of Chief Justice Iftikhar Chaudhry’s reinstatement made one feel good. Real good. After a long time. It reminded one of all that we have been through. It reminded one, also, that exactly two year’s ago ATP had published the result of a Poll on whether the CJ’s removal was the right move. Maybe, the powers that were should have heeded our reader’s advice right then and spared themselves and everyone the ordeal:
(This Poll was conducted 2 years ago)
As I mentioned on NPR’s show All Things Considered today (read and listen to story here), I think what has happened has been truly revolutionary. However, as one wrote yesterday, the story is far from over. It has just taken the newest twist. It is a good twist. But we know much more is to follow. But what?
We do remember, of course, that he had been reinstated earlier too – by his peers in the Supreme Court. We also remember that promises and announcements are made by our political leaders to be broken. We also note that in listening to the speech it is not clear exactly what the terms of the decision are and exactly what the nature of the reinstatement will be. Also unclear is what the new power dynamics in Pakistan will be after this demonstration of the power of the people. It is very clear that this is a moral and political victory not of any political party or political leader but of the Pakistani people and of the Justice movement. But we also know that victory has a thousand fathers and many, including the vanquished will seek to take credit for it.
In short, more questions than answers loom before us and all indications suggest that things may become more unclear in the next many weeks than less.
But let me be totally clear, this is good unclarity, even necessary unclarity. What we have seen today is truly historic. As I have argued many times on this blog it was proved again that Pakistan is a democratic society trapped inside an undemocratic State. For two years now a citizen movement – a movement of progressive, liberal, educated, non-violence forces – persevered in the face of hardship, jailings, persecution, and ridicule even of their friends. And yet they fought on – non-violently and in a principled way – for an abstract idea. The idea that institutions matter. That justice matters.
For this to have happened in a society where too many on the extreme are trying to make points by violence (as extremists tried to do again today), where zealots and miscreants murder and cut off people’s ears and noses simply because they do not agree with them, where innocent people are blown up because of one’s misguided sense of religiosity, for this to have happened and for such major change to have come about in a peaceful way makes one very very happy. Ecstatic really.
Jinnah’s spirit must be smiling today. I certainly am.
But tomorrow, we all have to start asking ourselves the question: What next? The answers won’t be easy, but one hopes that people will show the same clarity of purpose they did here. There will be many questions. Here are some I can think of. I am sure our readers will add more questions. I am hopeful that they might also guide us on a few answers:
- Will this become Nawaz Sharif’s victory? If so, what will that mean for the power dynamics of Pakistan. If not, what does that mean for the power dynamics of Pakistan?
- Asif Ali Zardari remains the President. Bruised, beaten and weakened. But President nonetheless. Gen. Musharraf made an art-form of retreating under pressure and each time things became worse. How will it play out now?
- What about the dynamics within the PPP. A number of senior PPP leaders have been sidelined or have dropped out (including Aitizaz Ahsan). Does this mean that they will be brought back in – or might force their way back. What does this mean for the future of the PPP; with or without Zardari?
- What about the current court, including the new inductees and the balance of opinion in the Court? How would a reinstated Chief Justice Chaudhry act in that Court, especially on issues of political significance? Will he be able to act or will the media made every case before him a circus?
- And even if everything goes without hitch, what is the future of the amazing Citizen’s Movement that has been constructed here? My own hope is that a new politics may emerge in Pakistan around the faces and frameworks of this movement and that it will remain true to its aspirations rather than succumbing to political temptations.
There are, of course, so many other questions.
But the real one remains: What next?
Judges and Justices in Pakistan need protection.
Protection from poverty, protection from undue influence of the executive, protection from the criminal intimidations. Above all, protection of their dependents and relatives from retaliation of an executive bent upon ruining their lives in the event of an unhappy decision.
The judiciary has always been an honorable profession in Pakistan. What has made is this so pliable is the linkage with Law Department. This linage needs to change. The real independence will come when a phone call from the Law Department is a wrong number!
There needs to be a new contract with the judiciary in Pakistan. One that protects and isolates the members of the judiciary. No cost, both in the treasury and in rules, is too little.
In return, the people – the real jury – will demand and expect fair, honest and independent verdicts. Pakistani judiciary is no longer Justice Munir
Congrats, once again have showed the world that no country as stable like pakistan. The world conquerors are back again, don’t you think so? Though int media says we have conflicts with most parts of the world but we are still the greatest community in the world
Average Pakistani’s experience of the justice system is at the local level and not the level of higher courts in the nation. Even under Justice Chaudhry in 2006, Transparency International ranked the judiciary as the third most corrupt institution in Pakistan. It’s not clear if Mr. Chaudhry’s vision goes beyond Islamabad to a broader effort at reforming the decrepit and corrupt justice system in Pakistan to make it more just, accessible and affordable for the people in all corners of the nation. All the talk about a “revolution” will just remain pure hype until the average people can feel the positive changes in the behavior of their local police, lawyers and judges.
1. Elimination of Bench System and replace with tiered judicial system.
2. Create constitutional courts.
3. Expansion of Federal, Provincial and local judiciary. (Hire 3,000 new judges at all levels.)
4. Review of judicial rules of procedure at all levels.
5. Automation of docketing system at all levels with fast track procedures for certain type / damage amount of cases. Publication of dockets; elimination of endless and countless postponements.
6. FIR (need I say more?).
7. Parliamentary and Judicial committees working to simply penal code, sunset archaic laws and procedures.
8. Appointment and removal of judges procedures at all levels.
9. Expansion of local bars, peer review of code of conduct of lawyers, public review of complaints against lawyers.
10. Review of code of conduct for lawyers, including standardized fees approved by courts, standardized disclosure client agreements for fees and services performed.
11. Public funding of legal help clinics for poor.
12. Expansion of Law and Justice Commission of Pakistan.
13. Review and restrictions of the contempt of court determinations. Criticism of court decisions is not contempt of court.
14. Creation / expansion of arbitration process to reduce litigation and court time.
15. Creation of retired judges review boards at all levels who will review decisions of judges and offer advice on evidentiary and judicial process and improvements.
Miles to go before we sleep.
I think the future remains uncertain and the battle between Sharifs and Zardari will become worse.
The only real solution for Pakistan is removal of Zardari from within PPP