Islamabad – Concerns are escalating regarding the independence of Pakistan’s judiciary, with critics alleging a systematic effort to undermine its autonomy. Following the 26th Amendment, a pattern has emerged where judges perceived as independent or dissenting from the government’s views are reportedly being sidelined, while those seen as more aligned with the regime are being elevated. Transparency regarding judicial transfers and promotions remains notably absent, fueling suspicions of political influence.
Disturbingly, reports suggest that capable judges are being denied promotions for refusing to compromise their judicial autonomy and resist pressure from those in power. Despite vocal protests from within the legal community and civil society, this trend continues unchecked. Questions are being raised about whether the judiciary’s leadership fully grasps the long-term consequences of this apparent “remaking” of the institution.
A perception is solidifying that the courts are being populated with judges sympathetic to the current regime, allowing the government to secure legal backing for its controversial actions and policies. This perception, which ideally should have been actively avoided, has been further reinforced by the participation of certain judges in key decisions, providing ammunition to critics.
While the judges favored by the government may be individually competent, the circumstances surrounding their appointments raise serious doubts about their ability to earn public trust and respect. Historical precedent, particularly the memory of the PCO judges, serves as a stark reminder of the long-term damage such appointments can inflict on the judiciary’s credibility.
The erosion of public trust in the judiciary poses a fundamental threat to the rule of law. When the institution designed to deliver justice is perceived as biased or politically influenced, citizens lose faith in the system itself. This raises the critical question: where will people turn when they can no longer rely on the courts for impartial justice? This concern, while previously voiced, seems to have fallen on deaf ears.
A lack of foresight among those in positions of power is deeply troubling. Political scientists and philosophers have long emphasized the importance of the separation of powers as a cornerstone of sociopolitical stability. Any imbalance in this delicate distribution of power can have profound repercussions, as history has demonstrated both in Pakistan and neighboring nations.
The current climate, marked by a decline in reasoned discourse and a disregard for consequences, suggests that reflections on actions and their potential impact are no longer prioritized. The hope now rests on a resurgence of reason and a renewed appreciation for the crucial role of an independent judiciary in a healthy democracy. The future of justice in Pakistan hangs in the balance.
