– An overactive judiciary might undermine a fragile democracy
PAKISTAN’S chief justice, Iftikhar Muhammad Chaudhry, is riding high. At a time when most of the country’s political leaders are despised as venal, lazy or inept, its senior jurist is held in esteem. People tell pollsters they trust him more than anyone. They cheer his efforts to take on the corrupt and hapless president, Asif Ali Zardari. Yet Mr Chaudhry may be crossing a line from activist judge to political usurper.
His judges pass up no chance to swipe at the government. Mr Chaudhry spent months trying to get Swiss officials to reopen a corruption case that could have toppled Mr Zardari (in Pakistan, criminal proceedings against a sitting president are prohibited). After that failed, the courts took up a thin-looking case in which the president is accused of unconstitutionally holding an office for profit. That looks vindictive: the office in question is his post as head of the ruling Pakistan People’s Party.
The courts quickly adopt populist causes, especially those that squeeze Mr Zardari. After an American diplomat shot dead two men in the street in Lahore last month, the mother of one victim appealed for justice on television, saying that she would trust only Mr Chaudhry to help. The High Court in Lahore promptly ordered that the diplomat, who had been arrested, must not be allowed out of the country—even if the government were to rule that he had immunity. In this case, as in many others, the judges have shown themselves to be able self-publicists. Their stance has won approving coverage.
And on the country’s illiberal but widely popular blasphemy law, the Lahore High Court intervened to forbid the president from issuing an early pardon to anyone convicted by lower courts. Before the murder last month of Salman Taseer, the governor of Punjab and critic of the blasphemy law, Mr Zardari had told him he was planning such a pardon. The courts seem set on boxing him in. …
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