Chief Justice Syed Mansoor Ali Shah

Power's overuse in Pakistan risks collapse of civil liberties, as proposed judicial reforms aim to perpetuate control.

Though power might be seen as an offensive protector of itself and its wielders' interests, the brute force underlying it rarely sustain its original ability to influence without continuous resuscitation. The roots of its original effectiveness lie in the nature, genesis and the initial reaction it receives from the targeted people. However, as people adopt it or dare resist it, the power begins to lose its inherent ability. That is, an excessive use of power in the form of brute force beyond a certain period of time tends to take a toll on its effectiveness.

Generally, the overuse of power, much like antibiotic resistance in the human body, gradually diminishes its fear factor the moment its subjects adjust to its effects or develop a tolerance or resistance to it - or some combination of all three. This fading fear of power is what turns its wielders from an erstwhile offensive to a defensive mode. In other words, the dread that once haunted people begins to shift to its wielders the moment the former refuse to submit to it. However, the unprecedented fear in a defensive mode makes power more gruesome.

Albeit it is not always the relaxing grip on power or the risk of waning interests that haunts its wielders. In most instances, it is the fear of facing the consequences of the wrongdoings - unleashed when intoxicated by power - that scares them out of their wits. After reading the inevitable fate written on the wall and the ensuing panic, their primary focus becomes postponing accountability - however temporarily - by perpetuating power. And it is this desperation that drives them to experiment with every folly, regardless of the socio-economic and legal implications for society at large.

What is happening in Pakistan today is nothing short of this. Over the past two and a half years in particular, the ruling clique - installed by the ever-powerful unrepresentative forces - has done everything to serve its own interests, to the detriment of the public and the country. It has undermined every tenet that threatened its ill-gotten stakes and parasitic power through legal and constitutional manipulation.

The proposed judicial package, also featuring constitutional courts - penned and floated by the powers-that-be and supported by the controversial parliament - aim to perpetuate these ill-gotten stakes. The attempt to rewrite the structural frameworks of the Constitution is aimed at conquering the judiciary altogether and weaponise the laws against the public, much like what was done with the bureaucracy. The secrecy surrounding these actions suggests an open assault on the Constitution, democracy and civil liberties. The haste and force behind the so-called judicial reforms package indicate a panic and a weakening grasp on the ill-gotten power, as well as fear of potential accountability.

More concerning, however, is the apathy in the judicial echelons - something that is contributing to pushing the country towards a breakdown of civil rights. The selective actions, and inactions, on the part of the top judge have emboldened the ruling coalition to openly support the assault on the constitution. More importantly, this judicial complacency has also been encouraging attempts aimed at marshalling the Constitution, judiciary and democracy for being used against the people. The role of the media in pedaling the state-sponsored narrative for personal gain has been no different.

However, the questionable attempts to retain the current parliamentary calculus and get the constitutional package approved in order to save the status quo in the judicial hierarchy carry the risk of turning the legacy of the incumbent helmsman into one of the worst in the country's judicial history. A volunteer resignation would, therefore, bode well for the Constitution, the judiciary and the people.

And although a relevant title of this piece could have been 'Protection of Power', the title given reflects this scribe's recognition of him as the Chief Justice of Pakistan as of October 26, 2024.