By affording apt and speedy justice to the people of the country, an independent judiciary instils some semblance of security in the society that also contributes towards functioning of a vibrant democracy. Judiciary as a pillar of state is supposed to serve as an unbiased adjudicator, which guarantees upholding of the rule of law and protection of individual rights. Incidentally however, this is not the case in Pakistan, where legacy of judiciary is marred with a tainted past. Often, judiciary has been seen struggling to either preserve its independence from the influence of powerful establishment or wash the stains of intrinsic opportunism and corruption from its robes. The contest continues unabated even today.
From initial selection of judges to their elevation to higher courts, incessant political influence and undue meddling by the external players result in shadowy nominations and often to utter surprise of many. The elevation of journalist-turned-judge Mr Babur Sattar to Islamabad High Court is a case in point. For the same defects, judiciary in Pakistan is considered as the third most corrupt institution. As per the report of Transparency International, Pakistan scores a dismal 31 on the Corruption Perception Index, ranking 124th out of 180 countries. The pervasive culture of corruption seem to permeate in all institutions, but the judiciary infamously tops the charts. Another study by the World Justice Project reveals that only 32% of Pakistanis have limited faith in judicial system’s ability to administer fair and impartial rulings.
In Pakistan, the scales of justice remain occasionally imbalanced. Elevation of Justice Babar Sattar to Islamabad High Court and the most controversial and politically motivated decisions by him so far, unmistakably expose the disparity in the system. His appointment to the High Court raises eyebrows, not for his legal acumen, but for the murmurs of political influence, which cling to him like a cobweb. Is Justice Sattar an emblem of meritocracy, or an epitome of a greater problem i.e. a court corrupted by political maneuvering?
The Ideal Versus The Reality
Pakistan’s constitution mandates an independent judiciary. Article 175A details the process of appointing judges to higher courts including the apex court. This criterion prioritizes quality, experience, and the advice of a powerful judicial commission. But the truth frequently falls short of the ideal. The martial law regimes have also played havoc with the independence of judiciary. Establishment’s direct authority over the judiciary throughout turbulent times of martial laws severly undermined courts’ ability to act as checks on the executive power. Even during democratic eras, the executive branch could still exert pressure on the courts through threats of financial probes and selective transfers/ appointments. Another concern has been the lack of transparency in judicial selections. The mystery shrouding the selection procedures fosters an environment for political favors by the judges besides the backroom deals.
Appointment of Justice Babar Sattar to the Islamabad High Court sparked controversy due to his shadowy profile and the background. With startling revelations about the judge in the media, a new pendora box has recently opened. There are reports, which claim that Justice Sattar and his family hold dual citizenship of United States of America since 2005, a detail missing from his official documents until the leaked information went public. It is also said that using influence of this appointment , the judge has built sizeable financial stakes, both inland and abroad. His being a judge with a dual citizenship of US, also instigates an alarming conflict of loyalty, in sheer disregard to the oath he took as a judge of Pakistan. Let us be reminded that he swore to uphold the interests of Pakistan. Additonally, there are ethical concerns about his allegiance, as he would be sworn to uphold interests of the US, while being a judge of Pakistan. Justice? A JOKE! But one has to stay focused as there is more to the story.
It is also noteworthy that highly lucrative and huge sum salaries and attractive perks and privileges are guaranteed to the judges in a bid to ensuring that they remain immune from external influences, but the reality seems to be far from ideal. With rise in his judicial career, there has been a corresponding upsurge in Judge Sattar’s family business too. His family’s international school business (i.e Silver Oaks International School) flourished speedily after his appointment. It has currently expanded up to 60 branches in Pakistan with ballooing into Dubai as well. Justice Sattar has been receiving dear sums from multiple other sources too. This includes salaries from a school board (i.e PTA Council), hefty sums from various telecommunication companies he remained associated with prior to becoming the judge, and stakes in a legal firm (i.e Ajurius Advocate and Corporate Council). So, the financial concerns seem to cloud his past with an enigma. Out of these, the most concerning is a potential conflict of interest. His association in the past with a legal firm, where controversial figures like Emaan Mazari and Zeenab Janjua were also partners is being viewed as really problematic. The principle of conflict of interest implies that a judge should not preside over cases involving parties, which he has previously represented or remained associated/ linked with. However, such concerns were utterly disregarded, as Justice Sattar still gives rulings on cases, pertaining to the telecommunication sector.
The Perils of Political Pawns
There can be dire ramifications, if the political motivations are involved in a judge’s nomination for the High Court or the Apex Court. A strong perception of judges’ loyalty to political interests undermines public’s confidence in the judiciary. People feel helpless and cynical, thus impairing the legal system in nutshell. Judges, especially those appointed with political agendas, often interpret the law to support their political philosophies, while disguising their actions as constitutional interpretations. Political influence on judges results in collapse of democratic institutions. A climate of impunity for powerful people emerges, akin to Turkey and Venezuela. Justice Sattar has been repeatedly giving relief to the activists and leaders of a certain political dissident party. Instead of sticking to principles of justice, he has been serving his real masters.
A Systemic Issue
A restricted perspective of the issue is presented by concentrating on Justice Sattar’s case only. Even if his circumstances are concerning, it’s important to understand that this is only one part of a bigger problem with the Pakistan’s legal system. The real issue is going to be changing the way judges are appointed here. Political maneuvering is incidently possible in the system, due to lack of openness and merit-based selection criteria. There is a need to review the selection process of judges and bring it at par with other pillars of the state. It must run through independent commissions and precise standards for judging applicants.
Holding the judiciary responsible needs approval from civil society. Transparency can be induced through investigative journalism that highlights possible biases in nominations and critical discussion of the court rulings. To further protect the system, judicial training programs that emphasize independence and moral behavior should be more frequently conducted. The idea that the judges are untouchables remains to be the greatest flaws in our udiciary. In Pakistan, where people generally remain skeptical / critics of military establishment, gross neglect of laws by institutions like judiciary, largely go unnoticed. The system of accountability should be equal for all. If politicians pay the price for their wrongdoings, the judges should be no exception and made accountable for the actions that contradicts their statements. The deviations from one’ s oath, concealment of true facts advertently, minting of fortunes and favouring of activists and leaders of a dissident political party, are the highlights of Judge Sattar’s legacy.
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