Renowned human rights activist Asma Jahangir on Wednesday
was elected president of the Supreme Court Bar Association, defeating rivals
seen as allies of the dominating judiciary against the government.
Lawyers have emerged as key political players in Pakistani
politics after they launched a popular campaign for the restoration of scores
of judges, including Chief Justice Iftikhar Chaudhry, sacked by former
President Pervez Musharraf in 2007.
President Asif Ali Zardari, who succeeded Musharraf as
president, reinstated the judges last year but tensions have been simmering
between the government and judiciary after Chaudhry struck down a law giving
amnesty to Zardari, his top aides and thousands of others.
Jahangir’s election is a milestone in more ways than one.
She’s the first woman to head the SCBA and an unabashed advocate of minority
rights. And while her margin of victory was small, it suggests a split between
the pro- and anti-government factions within the legal community.
“Asma Jahangir’s election is going to strengthen the
government against the judiciary,” Anis Jilani, a senior lawyer, said.
This, in turn, could allow a more stable balance of power
between Pakistan’s civilian institutions, a separation most analysts believe is
crucial to strengthening democracy.
“Asma’s voice will carry weight as a constitutionally valid
voice in spelling out the correct place of parliament, executive and judiciary
within Pakistan’s constitutional work,” political commentator Nasim Zehra wrote
in the Daily Times newspaper.
Jahangir earlier this year warned that Pakistan could see a “judicial
dictatorship in the country if the judiciary continuously moves ahead in its
present direction.”
The judiciary has been accused by critics of engaging in a
politically motivated persecution of the government. Supporters say it is
trying to clean up corruption and reform Pakistani politics.
Speculation has been rife in Pakistan that Chaudhry may
reject a government appeal to reinstate the amnesty law, which could spark a
new political crisis in the south Asian nation critical for US efforts to
stabilize Afghanistan.
Jahangir has also been critical of lawyers who have been
supporting the judiciary in its row with the government, saying the bar should
not take sides.
Human Rights Watch hailed Jahangir’s election as victory for
the “country’s transition to genuine civilian rule.” Though pro-government
lawyers fully supported Jahangir in her election, analysts caution that the
independence-minded SCBA president is unlikely to blindly support the
government.
“She will not favor unjudicious moves by the judiciary...
but if she finds any mistake from the government, she is bold enough to stand
up against them,” M. Ziauddin, editor of daily Express Tribune, said. “She will
act as a balancing factor.” This was reflected in her comments after her
victory.
“The bar will not speak the language of judges,” she told
reporters after her election. “It will also not speak the language of any
political party. It will have its own voice.”
