Judicial independence on trial
An emotive and intense debate has followed the unceremonious removal of Justice Tariq Mehmood Jahangiri of the Islamabad High Court by a Division Bench of the same court headed by its Chief Justice. The decision has sharply divided legal circles. While a section of the bar has welcomed the verdict as swift and necessary to eliminate quackery and deception from the judiciary, a much larger segment has condemned it as an act of witch-hunting, targeting judges who refuse to bow before the executive and insist on independent decision-making.
For many, the controversy transcends the fate of one individual judge. It raises serious constitutional questions regarding judicial independence, institutional overreach and adherence to the procedure explicitly laid down in the Constitution of Pakistan for the removal of judges.
Critics of the judgment draw an unsettling parallel with a dark episode in Pakistan's judicial history: the treatment meted out to Justice Ghulam Safdar Shah during the martial law regime of General Zia-ul-Haq. Justice Shah had dissented from the majority judgment that upheld the death sentence of former Prime Minister Zulfikar Ali Bhutto. The consequence was swift and punitive. His matriculation certificate was declared bogus, his credibility questioned, and his position rendered untenable, forcing him into exile. The signal was clear: judicial independence would not be tolerated where it conflicted with power.
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Toi Staff
Sabine Sterk
Gideon Levy
Mark Travers Ph.d
Waka Ikeda
Tarik Cyril Amar
Grant Arthur Gochin