ON 3 April 2024, the seven members’ bench of Supreme Court of Pakistan started its hearing over the application of the six judges of Islamabad High Court about interference in the judicial affairs by intelligence agencies. The bench was headed by the Chief Justice of Pakistan (CJP), Justice Qazi Faez Isa. Without reaching over to any conclusion, the proceedings of the court were pended to re-start on April 29, 2024 probably with full-court. Prior to suo-motu over the issue, it was decided in the meeting between Prime Minister Shehbaz Sharif and Chief Justice that, an inquiry commission will be formed to probe and investigate the compliant made by the judges of Islamabad High Court for reaching over to the ground realities.
Nevertheless, despite approval of Federal Cabinet for the name of former Chief Justice, Justice Tassaduq Jillani as head of the probe commission, things are moving in a different direction. In a way, the Honourable Supreme Court has still not found a way out to investigate the issue in its essence. Indeed, there should have been very clear standing operating procedures for dealing with legal cases at the level of superior judiciary. Changing the modus operandi for investigating the cases so frequently creates many ambiguities and presents a confused character of the superior judiciary of Pakistan amongst the masses at large.
This is very unfortunate that in most of its history, the superior judiciary of Pakistan has been under criticism over its decisions, consistency and judgments. The major criticisms include; decisions under political influences, biased verdicts, rifts among senior members of the judiciary, personal ego of the judges, decisions away from merits and political decisions rather judicial decisions. Besides, there are thousands of the pending cases, waiting for the decisions since years which speak of either inadequacy or else bungling at the level of judiciary. Besides, there have been pressures of bars and influence of the senior lawyers which keep the senior judiciary handicapped to make timely and justified decisions. Since the lower courts take precedence from the superior judiciary therefore, the situation is worst at the level of session and district courts. Indeed, there is a general dissatisfaction of the people over the judicial system of Pakistan.
Unfortunately, the superior judiciary of Pakistan is either not cognizant of the criticism or else not taking into considerations the public sentiments and opinions, thus continuing with the previous practices. This entire development has seriously damaged and down-graded the position of the superior judiciary of Pakistan at three levels; locally within Pakistan, regionally in South Asia and globally among the international community. Whereas, among the Pakistani masses, there is general dissatisfaction among the people, the people do not trust the judiciary and justice system of Pakistan. At regional level, Pakistani justice system is numbered at five (5th) out of seven countries of South Asia. At international level, Pakistan positioned among the lowest countries. As per 2022 report of the World Justice Project (WJP), published in 2023, Pakistan is numbered at 130 out of 142 states. WJP is an independent, multidisciplinary organisation, which surveys the citizens and experts all over the world to measure the state of the rule of law. This is very up-setting for the state of Pakistan whose foundations are based on Islam and this Great religion is preaching justice and rule of law.
In Islam there is maximum emphasis for ensuring justice among people. It is clearly said in Surah Al-Nisa; “Believers! Be upholders of justice, [164] and bearers of witness to truth for the sake of Allah, [165] even though it may either be against yourselves or against your parents and kinsmen, or the rich or the poor: for Allah is more concerned with their well-being than you are. Do not, then, follow your own desires lest you keep away from justice. If you twist or turn away from (the truth), know that Allah is well aware of all that you do.” Pakistan came into being on the ideology of Islam, thus the judicial system of Pakistan should have been founded on the golden principles of Quran for the disbursement of justice among the people. Indeed, the Constitution of Pakistan was made in line with the teachings of the Holy Quran. Article: 227 of the Constitution of Pakistan clearly states that, “All existing laws shall be brought in conformity with the Injunctions of Islam as laid down in the Holy Quran and Sunnah.” This Part referred to as the Injunctions of Islam, and no law shall be enacted which is repugnant to such injunctions.
The system of justice in Islam is all about to ensure equality in “giving rights and in enduring by obligations without discriminations for any reason, either for religion, race or colour”. Justice in Islam is the essence of Haqooq ul Ibaad (people’s rights). The justice system in Islam can be better understood from the Hadith of Holy the Prophet (SAW) which says: “There are seven categories of people whom God will shelter under His shade on the Day of Judgment when there will be no shade except His. (One is) the just leader.”(Sahih Muslim). Indeed, there is no ambiguity about uniform disbursement of justice in Islam; (Holy Quran and Sunnah) and the constitution of Pakistan is based on these two sources. The superior judiciary of Pakistan needs to establish its credibility at home and abroad through its merit-based decisions. The process of interference and pressure would fade away, if the judiciary ensure merit based timely decisions for everyone in Pakistan.
— The writer is Professor of Politics and IR at International Islamic University, Islamabad.
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