Cheif Justice Iftikhar Chaudhry: A Persona Above Than His Institution

By: Rehan Hashmi

Ever since sense of realization awakened in me, I have heard that Pakistan is a country in which Rule of Law and Justice is barely practiced and this is the root cause of challenges  Pakistan facing over years. In the past military rules and so called ‘democratic’ regimes everyone knows how the judges was been kept in pockets of then executives. But then comes the day of March 9, 2007, which changed the history of judiciary and created a ray of hope for nation which was starving for ‘justice’ for decades. Chief Justice Iftikhar Muhammad Chaudhry’s NO against General Musharraf and then an undaunted movement afterwards for his restoration was just a start for judicial independence. It worked in the end for CJ Iftikhar Chaudhry who was restored to his position first on July 20, 2007 and then on March 16, 2009 by more esteem and with responsibility of fulfilling the greater cause for which majority supported him.

And now on the completion of his eight year’s tenure as Chief Justice, some legitimate questions rises in our mind about his contribution as an head of a vital institution that
Did he meet the expectations of public for an independent judiciary and a judicial system which can ensure provision of justice to the poor at lower courts as well in short Justice at doorstep?

Did he really pay off the endeavors made for his restoration and have developed SC such institution public stood for?

Has he maintained the credibility of Supreme Court?

Has he done his role as an Institution head for creating balance among the state institutions and protecting the constitution?

Has he done enough that his foot-steps to be followed and his legacy to be inherited by his rest of the team?

These posed questions might be hard to answer and may take on hours’ debate, but could have been a simple yes if Chief Justice have done ‘justice’ to the supreme dignity of his position and with the confidence public has reposed in him.

In his term, Iftikhar Chaudry headed benches which dealt with high profile cases like NRO, Memo Gate, NICL Scandal, Rental Power Plants’ case, Ephedrine Quota Case and Asghar Khan Case mainly along with a long list of his suo motu actions, some of which was termed unnecessarily and against the dignity of SC head. Judicial Activism and Judicial Deliverance are quite apart, Mr Iftikhar Chaudhry though kept higher judiciary active but could not deliver much in terms of the outcomes as most of the cases, either still undecided or their judgments were not so convincing or should I say ‘distinctive’. Here I would definitely dare to say that a specific sector of the media portrayed him as savoir to Pakistani nation against all problems. The judicial activism of Iftikhar Chaudry’s court was overhyped in that sector of media (need not to mention) which turned Supreme Court as the biggest power house of the country.

Talking about the cases, the top most was the NRO case because the whole saga was dragged to more than three years but, of no avail, irrespective of Yousaf Raza Gillani’s dismissal as Prime Minister of Pakistan.

Memo Gate Scandal was one of the crucial cases in which another state institution was on prosecution side. The accused Hussain Haqqani (Former Ambassador to US) keep defying court orders and did not appear in court premises, but what have been done to him?

CJ Iftikhar Chaudhry’s court did a fair job in Missing Persons Case to produce 14 missing of them recently after about three years of hearing, yet commendable.

Bad governance and incompetency of democratic governments have invited SC to intervene in the state affairs, otherwise if an independent NAB operates in the country, the corruption scams NICL, OGRA, EOBI, Ephiderine Quota could be tackled with due penalties. The mightiers who were the real faces behind these cases have not been sentenced by the court to set an example of Rule of Law.

Constitution of Pakistan was crumbled by the authoritative in past four years of Iftikhar Chaudry’s court, but it had selective approach and it was evident in the qualification, disqualification cases at General Elections. How badly the Article 62, 63 was humiliated in general elections by judiciary members under his command, but no action taken from Supreme Court. Even the Contempt of Court law was adversely used by his court and the upcoming days will decide how it mean to Justice Jillani’s Court will decide. Last but not the least, Arsalan Iftikhar Case has stigmatized his term which could never be removed.

It has been done in the history of Pakistan that an institution has been brought to trust dearth due to the misdeeds of its chief. In the case of Supreme Court, Mr Chaudhry continued to focused more to his own persona, led SC ineffectively and failed to develop this state’s pillar. Supreme Court will still be a power house due to its activism, but can it be able to retain public’s trust level where it was on 16 March 2009? is a question can only be answered by the passage of time. It is sad to see a person who was the most powerful head of Supreme Court by time, reinstated to his post twice with all high hopes, has left the institution with after dipping down its credibility.

Mr Iftikhar Chaudhry has played his innings ‘well enough’, battles through his ‘rivals’ but despite of it he could not turn out to be a match winner for his team.

Chief Justice Iftikhar Chaudry’s name will definitely be remembered in the Judicial history of Pakistan but never be in ‘Golden Words’.