Chalk and cheese

Whilst it may be a cliche to describe the outgoing and incoming chief justices as being ‘as alike as chalk and cheese’, there are times when a cliche is the most apposite description. Justice Tassaduq Hussain Jillani was approved by Prime Minister Nawaz Sharif on November 27 as the next chief justice of Pakistan. His tenure will be short as he retires in July 2014 to be replaced by the next judge in terms of seniority, Justice Nasirul Mulk, and he is thus perhaps more of a transitional figure — perhaps fitting given the institutional churn currently in process.

His path to the apex position in the Supreme Court has been by a traditional route. According to reports, unlike his predecessor, he is not inclined towards judicial activism. He was elevated to the Supreme Court in July 2004 from the Lahore High Court and was one of those who refused to take a new oath when a state of emergency was imposed by General Musharraf in November 2007. Justice Jillani rejoined the apex Court when the superior judiciary was restored in 2009. According to the reported views of some retired Supreme Court judges, he is in the mould of a traditional judge who may not be so inclined to enter into the domain of the executive (as some perceived was the case with the current chief justice). Mild-mannered and soft-spoken, he is seen as a steady moderator and one who has stood by on principles: he recused himself from a contempt of court case involving former prime minister Yousaf Raza Gilani because of a familial linkage. A lover of poetry, antiquities and film, he has also managed the library of the Supreme Court. Internationally, he is regarded as independent and balanced with a liberal streak.

The last nine months have seen profound changes in the way Pakistan manages itself. The democratic transition, peaceful for the most part, from one government to another, the change of command at the top of the military, imminent and long-delayed local elections and now changes in the apex judiciary point to a country that is moving on. Maturation is a slow process, but we are making measurable progress.

Published in The Express Tribune, November 29^th, 2013.

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