PTI's social media sway on judiciary wanes under CJP Isa

Experts say Imran, acolytes should stop depending on SC for aid each time it faces troubles

ISLAMABAD:

The Pakistan Tehreek-e-Insaf (PTI) has over the years wielded influence over the superior judiciary through its social media campaigns – the once-effective strategy that appears to have lost its traction during the tenure of Chief Justice of Pakistan Qazi Faez Isa.

Notably, since 2016, the PTI has exerted pressure on judges to advance its political objectives, often successfully managing to tilt the scales in its favour. However, despite the party's persistent and intense social media campaigns and online trolling in recent times, CJP Isa appears disinclined to intervene in accordance with the party's desires, a departure from the previous success the PTI experienced in gaining judicial favour.

Meanwhile, the PTI is apparently seeking favour from CJP Isa to impede the plans of powerful circles against theparty following the May 9 incidents. However, unlike previous instances, PTI’s efforts to sway the judiciary have encountered limitations under the current chief justice's leadership.

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Although CJP Isa intervened and compelled the authorities to announce the date of the general elections.
It's worth noting that CJP Isa recently did intervene, compelling authorities to announce the date for general elections.  He is also determined to ensure the general elections on February 8. A committee led by him decided to fix petitions against the trial of civilians in military courts before the same judges who were already hearing the matter.

It is expected that intra-court appeals against military courts judgment will be fixed soon. In the meanwhile, senior lawyer Chaudhry Aitzaz Ahsan moved a petition against enforced disappearances. The purpose of this petition is to get relief for the PTI leaders. However, the SC office returned the petition by raising objections.

Two days ago, a letter was submitted to CJP Qazi Faez Isa on behalf of Imran Khan for taking notice of the alleged political victimisation of PTI leaders. Upon this, Private Secretary to CJP Mushtaq Ahmed responded and raised certain questions over Imran's letter. He in his press statement however assured that CJP Justice Qazi Faez Isa is fully cognisant of his constitutional duties and will neither be pressurised nor favour anyone, and “by the grace of the Almighty shall continue to fulfil his duties and abide by the oath of his office”.

Read Imran urges CJP Isa's attention towards PTI's 'victimization'

Several lawyers consider that the response to Imran Khan's letter was uncalled for and invited more trolling against CJP Isa on social media by PTI supporters. However, reacting to the PTI supporters' campaign, former Sindh High Court Bar Association president Salahuddin Ahmed questioned why CJP Isa should take suo motu notice of a letter simply because it's authored by a political party head, especially if has a legal team capable of filing a petition if he deems it necessary.

He also said that Imran Khan and his acolytes should wean themselves off the habit of depending on SC to jump to their aid at every turn. PTI filed more than a dozen petitions on different matters during the tenure of ex-CJP Umar Ata Bandial. Their strategy remained successful and most of their cases were listed for hearing. It appears that CJP Isa is not providing the facility to PTI as it was being given during the period of his successor.

PTI's social media ‘successes’

In October 2016, Imran Khan 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. “Politics will continue and let people have some peace now,” the then CJP Asif Saeed Khosa had remarked.

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Later, the PTI wound up the “lockdown" plan and joined the proceedings. In December 2016, when then Chief Justice Jamali offered an inquiry commission to probe the Panamagate case, PTI's attorney Naeem Bukhari refused to accept it. Subsequently, the case was adjourned 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, 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, a split judgment on Panamagate was announced wherein two judges had disqualified Nawaz Sharif as a lawmaker.

However, three members of the larger 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.

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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.

Observers point out that it is an open secret that some SC judges displayed personal bias against PML-N. They failed to deliver justice but rather sought revenge, leading to a tarnished public perception of their reputation.
The analysts emphasise that despite facing a campaign, CJP Isa should refrain from following those judges and avoid creating the perception that he holds personal grudges against any party or individuals.

CJP Isa ought to carry out his duties without fear or favour. He must ensure judicial proceedings in any court are not manipulated against anyone throughout his tenure, they said.