Judge and justice of own choice

Supreme Court’s Justice Sayyed Mazahar Ali Akbar Naqvi who was due to submit his reply to the show cause notice issued to him by the Supreme Judicial Council (SJC) on complaints registered against him, came up with objections on Chief Justice of Pakistan (CJP) Qazi Faez Isa and two other members of the top Judicial body.

According to him, their participation in the proceedings resulting in a show cause notice being issued to him taints those proceedings, inter alia, with bias and makes all orders passed in such proceedings as being without lawful authority and of no legal effect.

The judge objected that CJP Isa and Justice Afghan being the chairman and member of the inquiry commission, respectively, investigating the audio leaks case against him, cannot participate in the Supreme Judicial Council’s proceedings in the follow-up of his case.

Meanwhile, the inquiry commission proceedings are sub judice. Justice Naqvi also urged the two judges to recuse themselves from hearing the complaints against him in the council. He also barred Justice Sardar Tariq Masood from hearing those complaints as a member of SJC after having expressed an opinion against him.

The persistent political unrest and dogfight between the parties, not only eroded people’s trust in the public institutions but this curse seriously polarized and corrupted our national institutions, and undermined institutional discipline and professional ethics.

The institutional politics not only disturbed the working environment of the national institutions but prompted intra-institutional grouping and rivalries among the government servants and senior executives.

Over the decades, the Pakistani judiciary fell victim to multiple institutional biases including nepotism, corruption and no accountability of adjudicators and the lower staff that turned the justice delivery into a lucrative business causing serious social and legal issues for the society, system as well as the government.

Although, there had been rumours in public regarding the trading of justice, the availability of paid witnesses and frontmen of the adjudicators who help facilitate the criminals in bartering bail/pardon in reward of money/ plots or luxuries vehicles for the adjudicators and their family members.

However, the former Army Chief General Retired Qamar Javed Bajwa categorically accused the senior judges in his recent interview of shedding off merit and transparency in their under-trial cases in the fulfilment of mere desires of their family members, spouses, and children through the announcement of biased verdicts and serving of tainted justice.

Unfortunately, Justice Naqvi also faces similar charges of corruption, abuse of power and professional misconduct on the part of the senior judge. Previously, the PDM coalition government constituted an inquiry commission comprising three Supreme Court judges including the current Chief Justice Qazi Fiaz Isa, Justice Tariq Afghan and Justice Aamer Farooq to confirm the validity of the allegations against Justice Naqvi, about whom he objected recently.

The honourable judge used his right of appeal and free trial at the early stage of his case making first rebuttal to his opponents and paving the way for the constitution of a friendly forum to decide his guilt or otherwise.

Apparently, it was  a lack of trust or a sense of guilt that prompted the senior judge on a preemptive strategy, otherwise, It would be better if the honourable judge presented evidence supporting his innocence instead of maligning others so the process of justice could be accomplished and an example of high professional morals be set in this country.

Realistically, our judiciary failed to set high morals and professional standards as an institution, while the top judges always sought their personal agendas, PR and monetary incentives in the past that pushed this important institution into acute degradation in its domain.

Interestingly, everyone in this country intends to implement strict laws for others and desire stern justice for his adversary but unfortunately, no one desires the same definition and the same implementation of the law for himself and his loved one.

Each individual needs an investigator, judge and jury of his own choice that declares him honest and pure, otherwise justice has no means for him. Hence, no rule of law exists, the lawlessness, nepotism and corruption flourish in all nooks and corners of this nation.