Iftikhar Muhammad Chaudhry, former chief justice of Pakistan, had rekindled hopes of the masses for a just and corruption-free society. After his retirement, however, those hopes are dwindling, as current judges of the superior courts are finding it difficult to cope with the situation reportedly due to threats from unscrupulous elements.
Another anti-graft organization, the National Accountability Bureau (NAB), is also struggling to live up to the people’s expectations. Established by former President Pervez Musharraf, the NAB got a fillip during Chaudhry’s tenure when its investigators not only nabbed senior civil servants but also recovered huge amounts of illegally acquired money from their possessions.
Despite enjoying legal cover to remain free from external pressures, NAB is now reportedly feeling the heat and facing trouble in carrying out its responsibilities due to immense political pressure. Pakistanis were shocked to hear that a senior judge of the apex court, Justice Jawad Khawaja announced in the courtroom that he and other judges feared for their lives and the lives of their loved ones. However, he made it clear that they would continue to play their legitimate roles and could not be bogged down in the face of danger.
Khawaja ordered security agencies to produce illegally detained people within 48 hours before the court. Security agencies have been, for quite sometime now, accused of carrying out mafia-like operations. The judiciary, however, reminded them that they had already confessed of keeping people in illegal custody on sedition charges. Their relatives have been marching through the cities to seek justice. The government of Nawaz Sharif, which had sought votes on the promise of resolving this issue, is not only keeping mum but has caused quite a stir with the introducing of a law “Protection of Pakistan” to allow detention for 90 days of people charged with anti-state activities.
The law has now been challenged in Supreme Court and judging from remarks by those on the bench, the law will, in all probability, be thrown out. In the opinion of many a legal expert, it is against the spirit of the constitution, which guarantees human rights and fair trial.
Courts under Chaudhry had annulled a number of agreements like the $260 billion case of Riko Dik copper and gold mining project in Balochistan or the under-selling of Pakistan’s only Steel Mill at throwaway prices — a case in which the former Prime Minister Shaukat Aziz, with leading bankers and stockbrokers were the main accused.
That case later became the harbinger of judicial activism in Pakistan and Aziz, in a state of fury, misled Musharraf to frame the former chief justice on charges of misconduct and abuse of authority. As per the Pakistani norms, judges, once appointed can only be removed through an arbitration of the Supreme Judicial Council. Overstepping his limits, Musharraf locked his horns with Chaudhry for which he had to pay a heavily.
Despite criticism from several quarters, judicial activism won the hearts of the masses. With Chaudhry no longer in the picture, those at the helm are battling to maintain traction. However, the results are not encouraging as things are going back to square one.
The NAB has also filed cases against two former premiers Yusuf Raza Gilani and Raja Pervez Ashraf, some leading stockbrokers and senior bureaucrats but it appears difficult that they will be able to resist the mounting pressure from those in power. If it does, it will be a feather in the cap of NAB hounds and will reassure the people.







