In recent months, the judiciary of Pakistan has faced an unprecedented crisis, underscoring a deepening fracture within its highest echelons. The release of a letter by six esteemed judges of the Islamabad High Court marked what should have been a pivotal moment in our judicial history. Yet, this historic event has been marred by a conspicuous lack of decisive action from the Supreme Court, revealing a troubling pattern of evasiveness and inaction.
The immediate response—or rather, the lack of it—to the letter was disheartening. Instead of addressing the gravity of the situation with transparency and resolve, the Supreme Court appeared to engage in a whitewash. Efforts to establish a commission, as proposed by the Federal Government, and the subsequent Suo Moto proceedings, have dragged on for over two months without meaningful progress. This stagnation raises serious concerns about whether these proceedings will ever lead to a resolution.
Despite numerous official communications from the Chief Justice before and after his appointment, the contentious constitutional package proposing an extension to his tenure has been met with a troubling lack of clarity. While a recent statement confirmed contentment with a three-year extension for all judges, it was evident that the primary beneficiary of this amendment would be the Chief Justice himself—a fact that is widely known. This situation underscores a significant issue of transparency within the judiciary, as the absence of a clear, official explanation about the motivations and implications of this extension fuels public skepticism and erodes trust in the institution’s commitment to impartiality and the rule of law. Rumors of a new version of the package, favoring the last of the five senior-most judges, only fuel speculation about the real agenda.
The current state of affairs reflects a broader issue: the judiciary’s drift from its fundamental role as an impartial arbiter of the law. Instead, it seems to be functioning on a model driven by personal power plays and institutional self-preservation. This departure from the rule of law not only undermines public trust but also perpetuates a cycle of regression and transgression aimed at consolidating power within one institution, despite its history of failure and mismanagement.
Adding to this crisis is the ongoing debacle with the Election Tribunals. The stalling of scrutiny for what many consider to be the most rigged elections in Pakistan’s history reveals a disturbing disregard for electoral integrity. The failure of the Election Commission of Pakistan, both before and after the elections, and the consequent lack of progress in tribunal proceedings, suggests a deliberate effort to sideline issues that could compromise the interests of powerful stakeholders.
Equally troubling is the treatment of cases involving fundamental rights. Citizens condemned under the Action in Aid of Civil Power Regulations have faced prolonged delays in their appeals, despite multiple changes in Chief Justices over the past five to six years. In stark contrast, the swift handling of high-profile cases, such as the January 13th verdict, highlights a troubling disparity in judicial priorities.
For the judiciary to regain its credibility and effectiveness, it must present a united front, free from personal agendas and institutional rivalries. The recent attack on the National Assembly and the subsequent removal of parliamentarians by masked men have further exposed the fragility of Pakistan’s democratic institutions. In this precarious environment, it is imperative for the Chief Justice to take a stand against the internal and external forces undermining the judiciary.
The time for introspection and reform is now. The judiciary must reaffirm its commitment to the rule of law and demonstrate its dedication to upholding the rights and interests of the Pakistani people. Only through unity, transparency, and a steadfast adherence to justice can the Supreme Court restore its standing and fulfill its crucial role in safeguarding democracy and the rule of law in Pakistan.
Ali Gohar Durrani
