AFTER this week’s proceedings in the so-called ‘meddling case’, it appears that the majority of judges comprising the superior judiciary have endorsed the six Islamabad High Court judges’ complaint that they are not free to issue their judgements purely in line with legal principles and face routine pressure from intelligence operatives on how they must decide the cases before them. While it has been a long-held belief among the public that legal outcomes, particularly in political cases, often have little to do with the merits of the case and more to do with where the defendant stands in their relationship with the establishment, it is nonetheless startling that this belief is now being validated by senior judges themselves. It appears that the institution has had enough and wants change. There has been great turmoil within it for the past year or so, but unlike the other branches of state, this turmoil seems to be moving rapidly towards a denouement. All eyes have been on the Supreme Court to see what course it sets for the future. It is hoped that the judges hearing the case realise the weight of this responsibility and proceed accordingly.

The Pakistani judiciary does not rank very high in the public’s perception of fairness, and nothing hurts its image more than the judges themselves complaining that officers who are subordinate to the state frequently try to threaten or blackmail them into issuing tailored judgements without any fear of consequences. The meddling case has also thrown into sharp relief the stark imbalances that still persist within the state more than a decade and a half after the lawyers’ movement. From the disclosures made by the six IHC judges and endorsed by other high courts, it is clear that the judiciary has been unable to exercise the independence envisioned by those who agitated for it in the Musharraf era. Now that the need has been highlighted, it is imperative for the institution to take steps to protect itself from those who seek to subdue it. The legislature, too, must support the judiciary in its efforts in whatever way necessary. The survival and stability of any nation-state depend on a carefully calibrated balance of power between its different branches. Without this balance, there is chaos — something we are, tragically, witnessing with each passing day.

Published in Dawn, May 3rd, 2024