Affidavit in spotlight

Yet another Pandora’s Box in the making. An investigative media report points a finger of accusation at a former chief justice of Pakistan for allegedly instructing his subordinates to deny bails to the former first family. Though the top judge has refuted the charges, one of his contemporaries who was the then chief justice at Gilgit-Baltistan High Court stands his ground. This revelation has come as a bombshell as apart from stirring an unwarranted debate on the conduct of judiciary, it has thrown open vistas of conspiracy theories in our chequered politics. The PML-N is out to seek political mileage by once again claiming that it has been wronged by the establishment. But at the same time, it has posed credibility questions for the judiciary, which are definitely in need of being answered through a judicious probe.

A minute study of the affidavit by Justice Rana Shamim, notarised by a London-based solicitor who is said to be a PML-N’s acquaintance, has brought to the fore many ifs and buts. The claim that the then chief justice verbally instructed someone on phone to penalise the former prime minister and his daughter will be difficult to stand the litmus test of veracity. In judicial connotation, it is no more than a hearsay. Secondly, the fact that the notary happens to be the same person who has attested many such documents of the Sharif family in litigation will also be up for, what they say, similarity fact conduct. This can’t be another coincidence — rather a construed move with a definite script. Anyway, the text of the affidavit and its veracity demands punitive cross-examination, and the Islamabad High Court has taken the first right step by summoning all concerned in the dock.

This episode, and similar ones that pertain to judiciary, should go through a proper vetting process before being debated or made public. The state should come up with SOPs in such cases in order to not only uphold the sanctity of the judiciary from fraudulent claims but also to thoroughly scrutinise them in all humility. Forums such as the Supreme Judicial Council are the way to go ahead. Slandering with political motives is an irksome course of action.

Published in The Express Tribune, November 17^th, 2021.

Like Opinion & Editorial on Facebook, follow @ETOpEd on Twitter to receive all updates on all our daily pieces.