A tale of Iftikhar Chaudhry, Imran Khan and Nawaz Shareef

Iftikhar Chaudhry has brought democracy into a cul-de-sac, through his unconstitutional persistence forcing the Prime Minister to write a letter to the Swiss authorities. Why is he silent on the Shaukat Khanum issue? I believe this silence isn't unintentional; rather, it's a simple manifestation of the balance of power in Pakistan.

(from left to right) Imran Khan, Iftikhar Chaudry, and Nawaaz Shareef

Mr. Khawaja's Asif allegations against Mr. Imran Khan are making a headline. The pro-PTI youth, especially in Punjab, has taken these allegations with unconcealed disgust. Caricatures have been made  in order to belittle Mr. Nawaz Shareef's personality. The PTI youth is also preoccupied with senseless sloganeering against Mr. Asif.

It seems as if Imran Khan will try to use these corruption allegations as a weapon against PML(N). Khawaja Asif has oft-repeatedly said that his allegations were not against Shukat Khanoom Hospital; he wanted to underscore Imran Khan's illegal use of donation funds abroad. On the other hand, Imran Khan with the support of Pakistani electronic media has totally distorted Khawaja's argument to gain political benefits.

With this entire story aside, there is another important aspect to this issue that isn't being questioned. This unquestioned aspect might help in understanding the power nexus between military, judiciary, and punjab's ruling party.

The prime question which an "unbiased" media should ask is, "Why isn't Mr. Iftikhar Chaudhry taking a Suo Motto action on such serious allegations?" We all know that he took a Suo Motto notice on two alcohol bottles. He took another one against PEMRA, as according to his view, fashion shows are unethical. He has brought democracy into a cul-de-sac, through his unconstitutional persistence forcing the Prime Minister to write a letter to the Swiss authorities. Why is he silent on this issue? This issue is on the media screen for the last eight days. I believe this silence isn't unintentional; rather, it's a simple manifestation of the balance of power in Pakistan.

If Mr. Chaudhry jumps into this 'Shaukat Khanum issue', he'll have to play a very delicate balancing. 

On the one hand is Imran Khan, he has a complete support of Pakistan Army and the Islamic right that is extremely active nowadays. Moreover, speaking against Imran Khan means to upset the Punjabi speaking PTI youth. The Chief Justice will never put his publicity on the line in order to carry on his "Justice Job". 

On the other hand is Nawaz Shareef. How can Mr. Chaudhry upset him?! He has never done this before. He bailed him in the hijacking issue, he never talks about Hudabiyya paper mills, he never questions Mr. Shareef alleged corruption of six billion rupees, the Mehran bank scandal has moved into oblivion. Iftikhar Chaudhry has never brought Mr. Shareef into his court. Furthermore, what history proves is that he decided a case that was put forward by Mr. Shareef against President Zardari just in a few hours. CJP never wants to upset the rulers of Punjab, as Punjab holds the power to control Pakistan.

In brief, Chaudhry Shaib is now in an imbroglio. He can neither go against Imran Khan nor against Nawaz Shareef. Following are the possibles option in his bag:

1) Take No Suo Motto — just remain quiet

This is the very strategy Iftikhar Chaudhry is following. The media isn't questioning him as he is the strongest man in the town. Yet, at the same time, his power rests on the very pillars against whom he should take a Suo Motto notice. 

Iftikhar Chaudhry will remain quiet unless someone files in a case. Whoever files this case will be putting Iftikhar Chaudhry into a very difficult situation. 

2) A case is filed — kill the weakest bird!

Let's assume someone else files a case. Now what? Iftikhar Chaudhry will try to solve the power equation in a way that no major power centre feels the pain. Hence, my prediction is neither Imran nor Nawaz will be called into the court. In the worst case scenario, it will be Khawaja Asif who'll have to face the court's anger.

3) Iftikhar Chaudhry does the unexpected

If Mr. Chaudhry decides against Mr. Khan or Nawaz Shareef — he'll never do this — it will be a beginning of an end for him. He will not be able to handle the public outcry. Large parts of Sindh aren't happy with him, as he goes on his anti-PPP marathon.

Sometimes back, Mazhar Abbas wrote a poem on Pakistan's judicial history. Here are a few proses from it:

Pity the judges, who not only gave a usurper the power to amend the constitution but also gave him power which he had not asked for. 

Pity the judges who never invoked Article 6 of the Constitution.

So let's see what Chaudry Shaib decides. 

Article published on Let Us Build Pakistan

Iftikhar Chaudhry: The Chief Justice of Injustice

Iftikhar Chaudhry has distorted the very concept of democracy by ousting a prime minister from his office. This is similar to what armed forces do when they bring in a coup.

Chief Justice of Pakistan: Iftikhar Chaudhry

If an intellectually weak person is given unrestricted power, he or she can wreak havoc of the whole system. If a criminal's crimes are forgotten, and an assumption is made that he'll never repeat his old crimes, such an assumption is naive. Furthermore, it's more naive to believe that a person, who came into power on army's and (Punjabi) establishment's payroll, will execute justice without prejudice.

Iftikhar Chaudhry in his three and a half year tenure has proved that he is incapable of understanding democracy, justice, and rule of law. 

He made a mockery of justice when he started taking Suo Motto notices on petty issue. Self-motivated legal actions were taken on issues like a woman secretly possessing alcohol and I.G traffic was called into the court because of traffic problems in Islamabad. He made a mockery of justice by addressing corruption allegation which were against PPP, while the Punjabi PML(N) was never questioned. The Chief Justice never took a Suo Motto on Shareef's six billion rupees corruption, he never asked about the "Qarz utaro Mulk Sawaro" money which was collected by PM Shareef during his second tenure. 

Iftikhar Chaudhry also sidelined the Mehran bank scandal because it was a shame for the Army and as well as PML(N). The case pertaining to his corrupt son is now hanging in NAB. Nobody dares to speak against him. The chief justice made a mockery of justice when they only took action against Wahida Shah, while the election commission was never asked about their irresponsibility. 

As far as democracy is concerned, The Chief Justice of Injustice has no knowledge as to what democracy is all about. I guess he is also one of those 'Jali degree wala judge' (judge with a false degree), having no knowledge regarding the constitutional hierarchy of power. Fortunately, it's never late to know the truth. Please learn something from your counterpart in India. Here is an apt advice from Justice Markandey Katju regarding the unconstitutional behaviour of the Supreme Court:

"......I therefore fail to understand how proceedings on corruption charges (which are clearly of a criminal nature) can be instituted or continued against the Pakistani President. 

Moreover, how can the court remove a Prime Minister? This is unheard of in a democracy. The Prime Minister holds office as long he has the confidence of Parliament, not the confidence of the Supreme Court. 

I regret to say that the Pakistani Supreme Court, particularly its Chief Justice, has been showing utter lack of restraint. This is not expected of superior courts. In fact the court and its Chief Justice have been playing to the galleries for long. It has clearly gone overboard and flouted all canons of constitutional jurisprudence."

Iftikhar Chaudhry has distorted the very concept of democracy by ousting a prime minister from his office. This is similar to what armed forces do when they bring in a coup. A democratically elected prime minister can only be removed through the parliament. The prime minister epitomizes the will of the people, this 'will' can only be nullified through the same office that bestows him this power.

Moreover, Iftikhar Chaudhry's recent decision of nullifying a law passed by the parliament is incomprehensible in any parliamentary democracy. Parliament has the power to call a male, a female and vice versa. Parliament defines the will of the people, it has the power to make laws and abrogate them.

If he wants to become the Ameer-ul-Momineen, who makes all decision by himself, he should leave his office and start a revolution. 

It should be noted that there is nothing such a "good laws" or "bad laws". It is the people's majority that gives the parliament the power to make new laws. When laws fulfil their purpose, they automatically go into oblivion. Iftikhar Chaudhry must understand that he's just an individual; he has no authority to nullify the consent of the majority. I'll suggest him to read an Idiot's guide to Democracy.

Rule of Law appears to be a factitious idea in our contemporary Supreme Court. The chief justice's son case is in NAB, while a true Pakistani like Hussain Haqqani is tagged as a traitor. Nawaz Shareef's corruption cases are sidelined, while Chaudhry tries to dysfunction PPP's government everyday. 

All in all, Iftikhar Chaudhry has lost all moral grounds to remain Pakistan's chief justice. The sooner he leaves the office, the better for the state.

Article published on Let Us Build Pakistan