Blame Game
What does ‘consult’ mean? Chief Justice Iftikhar Chaudhry defines it as a binding order dictated by him. Asif Zardari, meanwhile, wants to consult with the CJ the way a pimply kid consults with his parents before devouring an ice-cream cone.
There are no heroes in the latest kerfuffle over judges, just a clash of giant egos. The constitution states that the president has to consult the chief justice before appointing a justice to the Supreme Court. But to what extent he has to follow the CJ’s recommendations is not delineated.
Iftikhar Chaudhry and the other judges took an extreme step in blocking the appointment of Khawaja Sharif to the Supreme Court. While a 2002 SC decision said that seniority does not have to be the overriding factor in appointing justices, in practice seniority has been respected in the absence of any compelling factors.
At the same time, Asif Zardari is equally to blame for turning down Chaudhry’s recommendations without explanation. The president, knowing that Chaudhry has won a wipe out in the court of public opinion, is acting petulantly. In effect, he seems to be saying, “I know I can’t win but I’m going to throw a tantrum anyway.”
Asif Zardari will have to back down and accept defeat once again. The public doesn’t care about the dictionary definition of ‘consult’. You have an unpopular president and a folk-hero judge. There is only going to be one victor in Pakistan’s endless judicial drama.
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here’s to four years of KU fun:)