Abdul Basit Alvi
Within the intricate fabric of democratic societies, an autonomous judiciary stands as a foundational pillar, ensuring the principles of justice, equality, and the rule of law are upheld. Integral to the system of checks and balances, an autonomous judiciary guarantees the protection of citizens’ rights and liberties, monitors governmental adherence to constitutional boundaries, and ensures impartial dispensation of justice. The importance of an autonomous judiciary cannot be overstated, as it acts as a barrier against authoritarianism, prevents abuses of power, and cultivates trust in the legal system. Central to the concept of an autonomous judiciary lies the principle of judicial neutrality and independence. Judges must be shielded from undue influence or interference from external sources such as the executive or legislative branches. This autonomy empowers them to adjudicate cases solely on legal merits and evidence, devoid of any fear of reprisal or bias. It guarantees the impartiality of justice, ensuring equal treatment for all individuals regardless of their status, wealth, or influence. Furthermore, an autonomous judiciary serves as a check on governmental authority through judicial review, ensuring governmental actions align with constitutional principles and safeguarding citizens’ rights. Moreover, an autonomous judiciary plays a critical role in upholding the rule of law by interpreting and applying laws consistently and impartially. This fosters a stable legal environment conducive to economic growth, investment, and property rights protection. Additionally, it preserves public trust and confidence in the legal system, promoting compliance with laws and respect for judicial decisions, thus contributing to social cohesion and democratic functioning. However, the judiciary’s independence has faced challenges in Pakistan, with numerous controversial decisions sparking debates over its impartiality and integrity. One such decision involved the disqualification of former Prime Minister Nawaz Sharif in 2017 due to corruption charges stemming from the Panama Papers scandal. This decision led to political upheaval, highlighting the complexities and challenges confronting Pakistan’s legal system in upholding the rule of law. While proponents celebrated the ruling as a triumph for accountability and openness, detractors accused the judiciary of exceeding its mandate and engaging in judicial activism. It is then startling to witness instances where a court issues a verdict, only for it to be later overturned by another authority. The recent reevaluation of the Zulfiqar Bhutto case serves as a pertinent example. The ramifications of such contentious decisions are profound and extend widely within both the judiciary and society at large. On one hand, contentious judgments can erode public confidence in the judiciary, undermining the legitimacy of judicial institutions and weakening the rule of law. Conversely, they can also act as a catalyst for societal transformation, fostering accountability, transparency, and respect for human rights. Addressing the challenges posed by contentious rulings demands a concerted effort to bolster judicial independence, impartiality, and integrity. Judicial reforms, encompassing measures to bolster transparency, accountability, and professionalism, are indispensable for restoring public faith in the legal system. Additionally, judges themselves must demonstrate an unwavering commitment to upholding the highest ethical and professional standards in their conduct. Furthermore, there is the pressing issue of corruption within our judicial system. Transparency International Pakistan recently unveiled its Corruption Perceptions Survey for 2023, revealing that the judiciary ranks among the three most corrupt institutions in Pakistan. The report scrutinizes the prevalence of bribery within the judiciary, citing an average cost of 25,846 rupees for such practices in public service delivery. Remarkably, the survey indicates that the highest average bribe occurs in Khyber Pakhtunkhwa, amounting to Rs 162,000. Punjab records the highest average bribe paid by citizens, reaching Rs 21,186, predominantly directed towards the police. In Balochistan, health facilities witness the highest average bribe, totaling Rs 160,000. The pervasiveness of corruption, particularly within our lower judicial and police systems, which are essential pillars of any civilized society, poses a significant impediment to the overall well-being of the community. Regrettably, the civilian judicial system in Pakistan has struggled to deliver timely and transparent justice to its citizens. A persistent issue is the prolonged resolution of legal cases, some spanning generations and remaining unresolved. The burden on our courts is immense, with both superior and lower judiciaries grappling with an overwhelming backlog of 2.144 million cases. In 2021 alone, 4.102 million cases were concluded, while 4.06 million new cases were filed, resulting in an overall pending caseload of 2.16 million at the outset of the following year. Statistics obtained from the Supreme Court, Federal Shariat Court, and five high courts reveal that in 2020, 229,822 cases were disposed of, with 241,250 new cases instituted. The pending cases before superior courts at year’s end totaled 389,549, slightly surpassing the previous year’s count of 378,216. Similarly, the district judiciary faced 1,783,826 pending cases at the beginning of the preceding year. Over the course of the year, they adjudicated 3,872,686 cases, while 3,822,881 new cases were filed, resulting in a total pending caseload of 1,754,947 by the close of 2021. These historical examples underscore the systemic challenges within our judicial systems. More recently, the world has witnessed how six judges of the Islamabad High Court have leveled serious allegations against Pakistan’s largest intelligence agency. In their communication to the Chief Justice of Pakistan, the six judges referenced the case of retired Justice Shaukat Siddiqui, urging an inquiry into the allegations he raised in 2018. They also pressed for the Supreme Judicial Council to examine whether the involvement of agencies in judicial matters persists, as it allegedly did in 2018. The six judges of the Islamabad High Court have leveled serious accusations against Pakistan’s largest intelligence agency. Their letter detailed various incidents where judges purportedly faced pressure from secret agencies, harassment, and even torture inflicted upon their relatives, according to one judge. They reported the installation of video recording devices in the bedroom and drawing room of a government house. It’s alarming if these allegations hold true, raising questions as to why these concerns weren’t voiced earlier. There’s a lingering doubt whether the emergence of these issues amidst Pakistan’s current situation aims to favor a specific group. This letter has ignited significant controversy. A particular political faction and groups deemed anti-state are portraying these judges as heroes, demanding the annulment of sentences against the founder of a political party following the judges’ letter. The anti-state faction has initiated a campaign opposing our premier intelligence agency, seeking to sway public opinion against our institutions. It’s crucial to recognize that within the intricate framework of a nation’s security apparatus, intelligence agencies function as vigilant guardians, continually gathering, analyzing, and disseminating crucial information vital to the state’s safety and stability. Far from the glamorous depictions often seen in spy fiction, these agencies operate discreetly, striving to anticipate and counter threats before they materialize. Their significance cannot be overstated, as they play a pivotal role in safeguarding against a multitude of internal and external dangers, prioritizing the protection of national sovereignty and integrity. Intelligence agencies are responsible for monitoring the activities posing risks to the nation, whether from hostile foreign powers, terrorist organizations, or domestic threats. Through covert surveillance, cyber monitoring, and human intelligence operations, they gather intelligence on potential adversaries, identifying capabilities, intentions, and vulnerabilities. Additionally, they provide early warnings of impending crises or conflicts by analyzing patterns and trends, enabling preemptive action to mitigate risks and prevent escalation. In addressing internal challenges such as espionage, organized crime, and political extremism, intelligence agencies help maintain law and order, preserving democratic values and societal cohesion. Moreover, they support military operations and strategic planning by furnishing accurate and timely intelligence on enemy movements, capabilities, and intentions. Beyond security concerns, intelligence agencies contribute to economic prosperity and diplomatic standing by monitoring global markets, trade routes, and technological advancements, offering valuable insights for growth and innovation. Furthermore, by engaging in intelligence sharing and collaborating with allied nations, they cultivate diplomatic ties and reinforce mutual trust and cooperation on shared interests. In particular, the Inter-Services Intelligence (ISI) holds paramount importance as Pakistan’s leading intelligence agency. Tasked with gathering, processing, and analyzing information pertinent to Pakistan’s security worldwide, the ISI commands respect for its invaluable contributions to the nation. Established in 1948, this arm of the Pakistan Army plays a pivotal role in safeguarding national security by procuring vital intelligence. Renowned for its professionalism, efficiency, and structured approach, the ISI stands among the world’s premier intelligence agencies. Serving as an integral component of the Pakistan Army, the ISI operates discreetly, exerting a profound influence on national defense strategies. Functioning as the eyes and ears of the state, the ISI diligently safeguards Pakistan’s national interests and its populace. While the precise number of agents remains undisclosed for security reasons, it is estimated that the ISI boasts a considerable workforce, surpassing ten thousand agents. Since its inception, the ISI has remained instrumental in fortifying Pakistan’s security apparatus. Notably, the ISI played a pivotal role during the Afghan-Soviet War, pivotal in arming and training Afghan forces to resist Soviet incursions. This historic achievement underscores the ISI’s strategic vision and resolute determination to counter external threats. Former ISI head, late Hameed Gul, famously remarked, “When the history of the world is written, it will be written that ISI defeated the Soviet Union in Afghanistan with the help of America. Then another sentence would be that the ISI defeated the US with the help of the US.” In recent years, the ISI, in collaboration with the Pakistan Army, launched successful operations such as Zarb-e-Azb and Radd-ul-Fasaad to combat terrorism, extremism, and radicalism within Pakistan’s borders. These intelligence-led endeavors have been pivotal in dismantling terrorist networks and thwarting destabilizing forces. Despite facing criticism from anti-state elements and foreign agencies like RAW and Mossad, the ISI continues to operate with professionalism and diligence. It remains steadfast in safeguarding Pakistan’s national security interests against global espionage networks and hostile conspiracies. Upholding national security interests remains the ISI’s foremost objective, underscoring its indispensable role in protecting Pakistan from external threats. Following the World Trade Center attacks, Pakistan aligned itself with the global war on terror, during which the ISI successfully uncovered and dismantled numerous terrorist networks established by Pakistan’s adversaries to destabilize the state, its institutions, and society. These networks received backing and funding from neighboring nations like India and Afghanistan. Managing international and regional espionage networks would have been insurmountable without the assistance of the ISI. Kulbhushan Yadav, a retired Indian Navy officer, engaged in perilous activities in Pakistan’s Balochistan province, acted as a spy for India’s intelligence agency RAW. He was apprehended by Pakistan Security Forces on March 3, 2016, on charges of espionage and involvement in terrorist activities in Balochistan, with his capture owing to ISI-provided intelligence. RAW had long operated from neighboring states to destabilize and undermine Pakistan, predating the World Trade Center incident. Pakistan bore a heavy toll for its role in the war on terror, with India striving to fragment Pakistan along ethnic lines and utilizing Afghanistan as a base for anti-Pakistan operations. India spearheaded anti-state activities across Pakistan, including Balochistan and KPK, perpetuating cycles of unrest and strife. supporting terrorism within Pakistan is evident, as demonstrated by incidents such as the 2023 bomb blast in Johar Town, Lahore, where Pakistan’s Home Minister confirmed India’s culpability. With Pakistan possessing nuclear capabilities, safeguarding these assets from falling into malevolent hands is imperative. The ISI remains at the forefront, gathering intelligence to preempt and thwart any attempts to compromise our nuclear facilities. Thus far, none of Pakistan’s nuclear installations have succumbed to terrorist attacks or hostile infiltration, with the ISI pivotal in securing these assets. Additionally, Pakistan Army and ISI have ensured the security of CPEC, countering India’s efforts to impede Pakistan’s prosperity, particularly through targeting CPEC. Presently, Pakistan enjoys a relatively stable and peaceful environment, facilitating unhindered movement and fostering the resurgence of sports activities. These developments owe much to ISI’s intelligence support and Pakistan Army’s maintenance of peace. Internally, ISI’s positive role cannot be overstated. Vigilance against anti-state and corrupt elements within political parties and bureaucracy is crucial, reflecting a national imperative. Accordingly, the government has entrusted the Directorate General of Inter-Services Intelligence (ISI) with scrutinizing the induction, posting, appointment, and promotion of bureaucrats, a crucial step in eradicating terrorism and corruption within bureaucracy. Within the intricate fabric of national security, intelligence agencies function as silent sentinels, tasked with protecting a nation’s interests against multifaceted threats, both foreign and domestic. However, when these agencies become ensnared in controversy, the ramifications can extend far beyond the realm of the intelligence community. Analyzing the consequences of making a country’s intelligence agencies contentious sheds light on the intricacies and obstacles confronting governance, security, and public trust. One of the most immediate repercussions of casting doubt on our intelligence agencies is the erosion of public trust and confidence in the state’s capacity to safeguard its citizens. Operating in the shadows, our intelligence agencies rely on secrecy and discretion to execute their missions effectively. When these agencies become embroiled in controversy—be it due to allegations of misconduct, politicization, or failure to avert security breaches—it undermines public faith in their capabilities and raises concerns about their accountability and oversight. Furthermore, the contentious nature of our intelligence agencies can have adverse effects on national security and foreign relations. In an increasingly interconnected world, where threats transcend borders and alliances, intelligence cooperation is crucial for identifying and countering emerging threats. When a country’s intelligence agencies are engulfed in controversy, it can strain relationships with foreign partners, impede information sharing efforts, and compromise collective endeavors to combat terrorism, cyber threats, and other transnational challenges. Additionally, the politicization of our intelligence agencies can undermine their efficiency and impartiality. When intelligence assessments are swayed by partisan interests or exploited to further political agendas, it distorts the decision-making process and compromises the integrity of intelligence analysis. This can lead to flawed policies, misguided interventions, and a loss of credibility both domestically and internationally. Over time, politicization undermines the professionalism and autonomy of our intelligence agencies, jeopardizing their ability to provide unbiased and objective guidance to policymakers. Moreover, casting our intelligence agencies in a controversial light can have detrimental effects on morale and recruitment within the intelligence community. Intelligence professionals are often drawn to their vocation by a sense of duty and a commitment to serving their country. However, when their endeavors are undermined by public scrutiny, suspicion, or political interference, it can demoralize personnel, foster distrust, and dissuade skilled individuals from pursuing intelligence careers. This compromises the capabilities and effectiveness of our intelligence agencies, hindering their ability to fulfill their mandate of protecting national security. Readers, it is essential for authorities to closely and meticulously address this issue, exerting sincere efforts to prevent the controversialization of our defenders, particularly given its close association with national security matters.
