A controversy erupted recently following Justice Mansoor Ali Shah’s release of a strongly worded letter to the media, explaining his reasons for not attending the full-court reference held to honor for former Chief Justice Qazi Faez Isa. One may disagree with the logic of some of Chief Justice Isa’s judgements, but Justice Shah’s letter was sad and unfortunate.
In his letter, Justice Shah criticized Chief Justice Isa, stating, “Like an ostrich with its head in the sand, [he] remained complacent and indifferent to external influences and pressures on the judiciary. Instead of standing as a bulwark against interference, he opened the gates wide, betraying the judiciary’s sacred role as a check and balance on power. He showed neither the courage nor the moral fortitude to defend the judiciary, ceding ground to those who sought to weaken the courts for their own gain, thereby compromising the very foundation of the rule of law.”
The judicialization of politics will only worsen the situation, leading to potentially unintended consequences.
Earlier, Justice Shah had informed Chief Justice Isa that he would not participate in the special committee established under the Supreme Court (Practice and Procedure) Act, 2023, for assigning cases. However, making the letter public was inappropriate and served to scandalize the divisions within the Supreme Court. An ordinance is a law that must be followed unless struck down by a competent court. Judges should communicate their positions through their judgments, not through media releases.
The routine politicization of disputes among Supreme Court judges is setting a dangerous precedent and threatens to further damage the judiciary’s reputation, which has historically been problematic. If judges continue to act like politicians in the name of judicial independence, the consequences could be dire.
Labeling the current power struggle as a fight for judicial independence is misleading.
It is unfortunate that Justice Shah, otherwise a competent and qualified judge, has succumbed to the populist virus that has infected Pakistan’s political landscape. While one may disagree with some of Chief Justice Isa’s judgments, such disagreements should be expressed in a professional manner, avoiding character assassination and the language typically used in political debates.
Regrettably, Justice Shah’s letters read more like posts from the PTI troll brigade on social media. I never expected him to violate the time-honored principle that judges speak solely through their judgments. His recent attack Chief Justice Isa — who upheld the text of the Constitution and the law — seems misplaced.
It is a matter of record that Chief Justice Isa stood firm against persecution from Gen Bajwa and Imran Khan, while other judges, such as Munib Akhtar, either remained silent or actively colluded with Bajwa, who sought revenge for the Faizabad case judgment. Let’s not forget that Justice Shah was responsible for the judgment that extended Gen Bajwa’s tenure, paving the way for a compliant parliament to legitimize that extension.
Chief Justice Isa stood firm against persecution from Gen Bajwa and Imran Khan, while other judges, such as Munib Akhtar, either remained silent or actively colluded with Bajwa.
It is naive and historically ignorant to believe there can be a judicial solution to Pakistan’s complex political crisis. The judicialization of politics will only worsen the situation, leading to potentially unintended consequences. When the largest political party insists on negotiating solely with the army chief, repeatedly asserting that the “umpire cannot be neutral” and rejecting the political process, discussing democracy and the rule of law becomes somewhat academic.
The current division within the Supreme Court mirrors fractures within the Punjab-dominated establishment, a reality underscored by the recent arrest of General Faez Hameed.
Labeling the current power struggle as a fight for judicial independence is misleading. Most are aware that the so-called lawyers’ movement of 2007-2009 was largely a covert operation orchestrated by Gen Kayani, with many judges and lawyers unwittingly involved and later glorified by the establishment’s proxies in the media. Iftikhar Chaudhry, one of the most incompetent judges, received backing from Gen Kayani to secure the 19th Amendment. History will likely reveal that the current crisis bears similarities to that spurious movement for judicial independence.
The only sustainable solution to Pakistan’s multiple crises is the establishment of a government of experts for a period of 10 years, given the weakened state of institutions, pervasive incompetence, and the elite’s failure to provide adequate governance.
Above all, Pakistan needs effective governance and stability. Key challenges, including demographics (population growth, illiteracy, and youth), economy, climate change, and extremism, remain unsolved. Regardless of the government system in place, failure to address these issues will not enhance the well-being of the populace.
Pakistan is now the 66th largest exporter despite being the fifth largest by population.
Since the 1990s, three transformative mega trends have emerged. The globalization of trade, highlighted by China’s entry into the WTO in 2001, which resulted in the fastest growth in emerging economies in modern history. Pakistan, however, missed this opportunity while embroiled in internal power struggles, leading to a steady decline in its share of global trade over two decades. Since 2014, the country has been destabilized by incompetent leaders and populists, with the active assistance of its intelligence agencies and Bonapartists. Pakistan is now the 66th largest exporter despite being the fifth largest by population.
The rapid spread of the internet and the digital revolution, beginning in the 1990s, has widened the “digital divide” between Pakistan and the rest of Asia and the West. Pakistan ranks 90th out of 134 countries on the network readiness index.
Also read: Unravelling Globalization: Put Your House In Order. Don’t Put All Eggs In One Basket
According to Kai-Fu Lee, a leading artificial intelligence expert, AI will surpass electricity and the internet in its impact, potentially replacing half of the global workforce. Lee, known for his roles at Apple, Microsoft, and Google, recently reaffirmed his prediction that AI could automate repetitive tasks such as truck driving and telemarketing, coinciding with the rise of Generative AI. It’s worth considering that new technologies could disable Pakistan’s nuclear capabilities through remote operations. Recent incidents, such as Israel’s use of communication devices to trigger explosions, may just be the beginning.
The only sustainable solution to Pakistan’s multiple crises is the establishment of a government of experts for a period of 10 years.
Currently, Pakistan appears to lack any viable path to catch up with the developing world, let alone the developed world, given its over 50% functional illiteracy rate, low intellectual capital, and dire state of education. It is astonishingly ignorant to assert that merely restoring political stability and the so-called rule of law would lead to the country’s development and economic progress. Such perspectives reflect ignorance about global trends and realities.
It would take a miracle to pull Pakistan from its drift toward decline and possible chaos, especially as it continues to regress while the rest of the world, particularly Asia, advances.
The author is a political economist.