Startled by a protesting mob, Chief Justice Sajjad Ali Shah once abandoned the court and retreated to his chambers. Known as a “courageous” judge, he had previously dissented from a “historic” ruling authored by his predecessor, Justice Naseem Hassan Shah, in April 1993, which reinstated Nawaz Sharif’s first government and the National Assembly following their dissolution by President Ghulam Ishaq Khan. Justice Sajjad expressed frustration over the perceived judicial bias against politicians from Sindh, referencing not only the execution of Zulfiqar Ali Bhutto but also the dismissal of Benazir Bhutto’s first government by President Ishaq Khan.
To set the historical record straight, it’s worth recalling that Muhammad Khan Junejo, appointed as Prime Minister by General Zia-ul-Haq in 1985, was also from Sindh. However, when Junejo sought to diverge from General Zia’s Afghanistan policy in 1988, he too was dismissed. Haji Saifullah, a prominent member of the National Assembly elected in 1985, challenged this dismissal in the Supreme Court. Though the dismissal occurred in May 1988, the court remained mysteriously silent. However, after General Zia’s tragic death in a plane crash on August 17, 1988, the Supreme Court suddenly revived the case and scheduled daily hearings. As the case progressed, several justices on the bench made fiery remarks, giving the impression that the assembly and Junejo’s premiership would soon be reinstated.
Junejo, then residing in Islamabad’s E-7 sector, became the centre of attention as numerous politicians began flocking to his residence, pledging loyalty. This sudden surge of support did not sit well with General Aslam Beg, who was keen on holding new elections, which seemed likely to bring the Pakistan People’s Party (PPP) to power and appease the U.S. and its allies. Through intermediaries, the Supreme Court was urged to proceed cautiously. In the end, the court’s ruling was a bitter joke, declaring that General Zia’s dismissal of Junejo’s government and the National Assembly was unconstitutional but opting not to reinstate them, citing the “will of the people” for new elections.
Judicial intervention in our politics is not today’s focus. This column begins with the mention of Chief Justice Sajjad Ali Shah, who, startled by a “protesting” mob, sought refuge in his chambers. Previously, he had disregarded Naseem Hassan Shah’s “historic” decision, justifying the dismissal of Benazir Bhutto’s government by President Farooq Leghari. He had even summoned Prime Minister Nawaz Sharif to his court, but in the face of the “protesting” mob, he cowered. Later, his fellow judges revolted against him, forcing him to step down.
No need to delve into further details, as most of this column’s readers are well-informed, not only through traditional news sources but also via social media. As a born coward, I’ll only hint at what I believe happened on Wednesday, October 12, 2024. It seems there was an attempt to repeat the events involving Sajjad Ali Shah. A “crowd of 500 lawyers” was mentioned, but the matter was overlooked. Writing this on Thursday morning, I fear that the incident that took place in Supreme Court’s Bench No. 1 on Wednesday may be repeated today. However, I pray that my fears are unfounded.
To those wishing to repeat what happened with Sajjad Ali Shah, I humbly remind them that the judge who complained of the Supreme Court’s alleged bias against Sindh politicians was appointed Chief Justice by Benazir Bhutto, a politician from Larkana, after bypassing several senior judges. Once in office, however, he became an advocate for seniority-based appointments. Later, by endorsing the dismissal of Benazir Bhutto’s government by President Farooq Leghari, he proved himself ungrateful. He believed that his reputation for “principled” judgments would allow him to subdue Prime Minister Nawaz Sharif, who had returned to office with a “heavy mandate” in the 1997 elections. In this, he saw President Farooq Leghari as his natural ally, assuming that if a president, armed with the power of the Eighth Amendment to dismiss the prime minister, teamed up with the Chief Justice, they could bring the prime minister to heel. However, they overlooked the fact that Pakistan has a powerful institution within the state, without which neither the president nor the Chief Justice could subdue the prime minister. Within his first 100 days in office, Nawaz Sharif had already confined both the president and the Chief Justice to their “place,” and eventually, both Farooq Leghari and Sajjad Ali Shah resigned in frustration.
Re-enacting the treatment of Sajjad Ali Shah in 2024 is exceedingly difficult. The majority of “brother judges” do not agree with today’s Chief Justice. The triumvirate of the President, Prime Minister, and the state’s most powerful institution, however, does not wish to send him home like Sajjad Ali Shah. If the “protesting” mob remains limited to just “500 lawyers,” it will be of no use. Hence, the Chief Minister of Khyber Pakhtunkhwa has been ordered to arrive at D-Chowk in Islamabad on Friday with a massive crowd. But instead of finishing this sentence, I prefer to wait and watch.
Note: This is the translation of his Urdu column published in Nawai-Waqt
