Leaky times

By Editorial Board
November 23, 2021

Pakistan is leaking away – videos, audios, affidavits. The most recent ‘leak’ once again features former CJ Saqib Nisar, this time with an alleged audio recording of the former CJ himself. If we recall, judge Rana Shamim’s affidavit, reported in this paper on November 15, had alleged that CJ Saqib Nisar gave directions to a high court judge not to release Nawaz Sharif and Maryam Nawaz on bail at any cost before the 2018 general elections. The former CJ denied these allegations. And now an online news report has released an alleged audio tape of a conversation between an unidentified man and former CJ Saqib Nisar which has him allegedly on tape talking about being pressured to rule against Nawaz Sharif and Maryam Nawaz. This is no doubt a damning leak which – if true – raises huge questions over the integrity of our judicial process.

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Just in the past 2-3 days, we have seen the subject of judicial independence come up very openly and strongly by all participants – judge, lawyer and journalist – at the Asma Jahangir Conference. Encouragingly, Chief Justice Gulzar has vehemently spoken up for an independent and pressure-free judiciary. Which is why we hope that the senior judiciary will hold a transparent and credible investigation into all these recent allegations. This is not the first time such allegations have been levelled against the higher judiciary. Indeed, our judiciary has certainly had its fair share of a checkered past. In the late 1990s, Justice Malik Qayyum was allegedly taped on the phone in a somewhat similar situation. There was, however, always a lack of a full-fledged inquiry into the case and what had happened. The lawyers’ movement though was seen as a ray of hope for a judiciary that could work freely and independently.

It is now time for the judiciary to take stock of such serious allegations and clear its name. Pakistan ranks quite low – 130 out of 139 countries – on the World Justice Project’s Rule of Law Index 2021. We did not fare well in past rankings either. This says a lot about rule of law in Pakistan and our judicial process, whose job it is to dispense justice to the public. If the judiciary becomes controversial, if there is a perception that it kneels to outside pressure, if voices within the legal community keep on challenging the myth of an independent and free judiciary, the higher courts should really be introspecting over why this is so. Once trust is lacking and there is controversy over judicial behaviour itself, justice has no meaning in the land. It is thus imperative that the Supreme Judicial Council look into the matter and investigate. In a country that has already seen many a political upheaval due to judicial highhandedness in the past, it would be better if the judiciary is able to stop all these leaky cauldrons and put an end to such speculations. Pakistan badly requires a judiciary which people can trust and believe in. But there are too many question marks, and these need to be removed which is why right now, more than anything else, what is needed is a serious debate and discussion within the judiciary’s own ranks on how to deal with these issues. Evading investigations and issuing denials will not make perceptions disappear.

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