Pressure tactics: Why targeting judiciary becomes a norm

Both PTI, PML-N attack judiciary whenever court issue a verdict against them

ISLAMABAD:

Political parties particularly the PTI and the PML-N have targeted superior court judges in recent years whenever the judiciary issued verdicts that did not go in their favour.

The judges who resist “powerful circles” in high-profile cases have also faced tough times, sometimes in the shape of misconduct allegations and subsequent trials at the Supreme Judicial Council (SJC).

Currently, the PTI is running a campaign against Islamabad High Court (IHC) Chief Justice Aamer Farooq, accusing him of being biased against former premier Imran Khan.

The PDM parties especially the PML-N are upset with Chief Justice of Pakistan Umar Ata Bandial and his “like-minded” judges for giving “undue” relief to the PTI and its chief.

Now when the superior judiciary, especially the apex court, is divided along ideological lines, it is easy for the political parties and the establishment to target particular judges.

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Even some judges have given “these opponents” a chance by issuing controversial judicial or administrative orders. At the apex court, some senior judges have also been questioning each other's conduct, a practice that weakens the judiciary.

Although the law ministry has issued a statement in favour of IHC chief justice, the apex court has remained silent over the PTI's application in which it has levelled serious allegations against Justice Farooq and requested it to transfer all PTI related cases from the IHC to other high courts.

Some senior lawyers are expressing disappointment that instead of defending each other, the judges are more keen on protecting “the outsiders”.

They say if CJP Bandial had given a coercive judgement against “architects” of presidential reference filed against senior SC judge Qazi Faez Isa then the situation would have been different.

Campaigns against judges

The PTI has been successful in influencing the superior judiciary through its social media campaigns since the Panamagate case in 2016.

In October 2016, PTI Chairman Imran Khan had announced a plan to impose a “lockdown” in Islamabad to exert pressure for the expeditious disposal of the Panamagate case. When the PTI began its long march, former top judge Anwar Zaheer Jamali had formed a larger bench to hear the case.

The top court on November 1, 2016 averted an impending political showdown between the PML-N and the PTI by ordering a judicial probe into the Panamagate scandal.

The bench expressed its desire that all political parties, including the PTI, should reconsider their position, adding that all concerned should hold their horses.

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“Politics will continue. Let people have some peace now,” SC judge Asif Saeed Khosa had remarked. Later, the PTI wound up the “lockdown" plan and joined the proceedings.

In December 2016, when then Chief Justice Jamali offered to make an inquiry commission to probe the Panamagate case, PTI's attorney Naeem Bukhari rejected the proposal. Subsequently, the case was adjourned for 15 days before former CJP Jamali's retirement.

Upon this, a malicious campaign was started against Supreme Court judges, especially the then new CJP Mian Saqib Nisar, on account of his past association with the PML-N. Former CJP Nisar had formed a larger bench minus himself to resume the hearing.

Even in January 2017, a one member of the bench, Justice Ejaz Afzal Khan, referring to the campaign against the judges, asked the PTI counsel what kind of justice his client wanted.

In April 2017, the court announced a split judgment in the Panamagate case as two judges disqualified Nawaz Sharif as a lawmaker. However, three members of the lager bench referred the matter to a joint investigation team (JIT) for further probe into the matter.

Once again, a campaign on social media was initiated against the judges who had not disqualified Nawaz and formed a JIT for further probe.

When the JIT report revealed its findings against the Sharif family, the PML-N supporters also started campaigning against the judges, badly affecting the interests of their party.

Three lawmakers were disqualified in contempt cases. Several party activists were sent behind bars on account of using abusive language against former CJP Nisar.

The PML-N lawyers believed that former CJP Nisar's orders had badly affected the party’s position in the 2018 general elections. When the PTI came into power, there was a perception that the executive, judiciary and establishment were on the same page against opposition parties.

The superior courts did not timely rescue the opposition leaders, who faced a tough time at the hands of the PTI government and the National Accountability Bureau (NAB).

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Justice Athar Minallah and Justice Mian Gul Hasan were also being targeted on account of granting bail to Nawaz Sharif and his daughter Maryam Nawaz in the Avenfield case.

When Nawaz went abroad, former PM Imran had accused the courts of facilitating him. However, former CJP Asif Saeed Khosa in his speech rejected Imran's claims.

The PTI also continued a campaign against one section of judges in the Justice Qazi Faez Isa case.
Justice Isa and his family members were targeted by social media trolls. No state agency took notice of the malicious campaign against him and a few other judges.

During the tenure of former CJP Gulzar Ahmed, the PTI did not face a tough time in any matter as former attorney general for Pakistan Khalid Jawed Khan played a key role in this regard.

The PTI again started a campaign against the Supreme Court for declaring the National Assembly deputy speaker's ruling and dissolution of the house as unconstitutional on April 7, 2022. The SC order had allowed a no-confidence motion against then PM Imran under Article 95 of the Constitution.
Despite clear SC direction, the NA speaker was delaying the process which might have invited extra-constitutional forces to take over the country.

In view of the bar representatives’ concerns, the Supreme Court and the IHC were opened at night. However, the NA speaker resigned and later the no-confidence process against Imran was completed that resulted in his ouster from the position.

However, the SC's move to save the Constitution was not appreciated by the PTI. In every subsequent rally, Imran questioned the opening of courts at midnight as the PTI supporters started a malicious campaign against judges.

When one section of judges had given judgement on the interpretation of Article 63 A of constitution as well as setting aside Punjab Assembly deputy speaker Dost Mazari's ruling, the PTI was jubilant but the PDM government started a campaign against them.

The PDM government expressed mistrust of CJP Bandial, Justice Ijazul Ahsan and Justice Munib Akhtar and requested for the formation of a full court.

In February, CJP Bandial and his like-minded judges initiated suo motu proceedings regarding the delay in the announcement of date for elections for two provincial assemblies.

These judges were severely attacked by the PDM parties and other forces. Even audio leaks surfaced, which embarrassed one section of judges. However, no action was taken against these leaks by the SC.
The government formed an inquiry commission led by Justice Qazi Faez Isa to probe the matter. However, the CJP and his like-minded judges were visibly unhappy over the formation of the commission.

Once the PDM leadership led by Maulana Fazlur Rehman organized a protest against CJP Bandial and his fellow judges outside the SC premises. When IHC Judge Mohsin Akhtar Kayani gave some relief to the PTI leaders, he also came under attack by some by “unseen forces”.

Lawyers agree that grouping within SC has weakened the institution. They say judges should think beyond themselves for the betterment of the institution.

Currently, the PML-N has been questioning the conduct of CJP Bandial and like-minded judges for the last one year. The PTI is campaigning against Justice Farooq. However, bars are also divided. It is expected that the situation within the superior judiciary will improve during the tenure of the next CJP, Qazi Faez Isa.