The Chief Justice will be traveling to London next month to receive the prestigious International Jurist Award 2012, media reported over the weekend. While this recognition is being lauded in the media, it seems that there might be more to the story than has been reported.
No doubt the International Jurist Award 2012 is something of a relief for the Chief Justice after being the subject of a rather unflattering report by another international organisation, the International Commission of Jurists (ICJ). The ICJ report questioned whether the Chief Justice had crossed the line of his constitutional role as jurist and was attempting to influence the direction of policy – the latter being the proper role of parliament, not the court.
Actually, the ICJ’s findings were similar to those of another report released late last year, this one by the independent Human Rights Commission of Pakistan (HRCP). Dr Mohammad Taqi describes the HCRP’s findings as follows:
The HRCP seems to be of the opinion that the superior judiciary’s overzealous use of the suo motu powers as well as entertaining petitions by the so-called interested parties— the definition of remains nebulous and ever-expanding— has taken up time and energy of the courts to the detriment of other cases. In addition to— and often at the expense of— its normal function as the court of appeal, “the country’s apex judicial forum was also functioning as an ombudsman’s office, as an administrative court, as an anti-corruption tribunal, as a supreme investigation agency, and as the sole defender of not only the constitution but also of public morality”. In a country where the backlog of cases is to the tune of millions, by seizing itself with issues cherry-picked from or by the media or thrown in its lap for political reasons, the Supreme Court has clearly spread itself too thin.
After receiving such reviews by independent international legal organisations, finally having his work praised by an international legal organisation must be quite comforting to the Chief Justice. This award has certainly pleased the media as well as certain opposition politicians who are cheer leading for the Chief Justice in his decisions against the government. After storming the Supreme Court in 1997 during his own contempt case, Nawaz Sharif has become the Chief Justice’s most loyal servant. Even PTI’s Jahangir Tareen who only a few years ago was defending Gen. Musharraf’s attacks against the Chief Justice has had a change of heart now that the Chief Justice is attacking his political rivals.
There is, of course, one difference between the international legal organisations that are criticising the Chief Justice and the one that is granting him an award next month. That difference being that the Chief Justice himself is Vice-President of the organisation giving him the award.
It’s rather ironic, one must admit, that for all his talk about the importance of an independent judiciary, the Chief Justice is going to accept an award from an organisation that he himself sits as Vice-President. I will leave it to you, dear reader, to interpret this irony for yourself. As for me, I think that until the common man can get justice, perhaps the Chief Justice should be a little more humble about whether he deserves any awards – especially when they’re handed out by his own organisation.