There was something sublime about the lawyers’ movement for the restoration of Chief Justice. Since the time I became politically conscious, I have not seen something like that. A few thousand lawyers became united and went to the streets and showed what collective action is capable of. It is not the Supreme Court’s 20th July’s “landmark” verdict, but the strength of determined lawyers along with the support by ordinary people, which was so touching. I attended CJ’s rally in Islamabad where I witnessed people coming with their families and looking towards the Supreme Court building with hope in their eyes. It was a defining moment and something which almost made me cry. Despite our chequered history and brutal exploitation by the privileged few, people were still hopeful but most importantly ready to play a politically proactive role for realization of the dream.

For some this may not mean a lot, but for me it had a lot of significance. As the CJ’s motorcade traveled through the length and breath of the country, people flocked to his car throwing rose petals, kissing his hands. Even an idiot could tell that people wanted justice in this country. CJ was merely a symbol- a gathering point and the momentum generated by him gave people an opportunity to express one of their most fundamental and sadly still completely unfulfilled need of having a system where they could refer to court of law whenever their rights were usurped. That zeal which could be seen through the length and breath of the country also gave an insight to how marginalized people are and how desperate they are to cling to any glimmer of hope. It was scenes like this which made those in power afraid forcing them to introduce PEMRA ordinances and in Karachi’s case actually sanctioning murder. The ruling elite cum military alliance was truly at the back foot, deeply and perhaps rightly fearing that it is not the restoration of CJ alone which is being demanded but something deeper and more fundamental. People were asking for a change in the system, a system which allows the powerful to use institutions and agencies to abuse the masses. It was the early signs of mass mobilization of people and that too without a charismatic or populist political leader at the helm, which really made them afraid. It was not Mr Musharraf alone as it was clear that a judgment alone could not suddenly bring the “moderate” face of Islam down from his well “deserved” post. It was the collective fear of the establishment as well as of the elitist politicians and their allies (who by the way are in opposition as well) that the current system which protects them and has made them unaccountable is being challenged. After a long time we were witnessing politicization of masses and that was a bad omen for all those in power, the military but even more importantly the elite civilians who have always been in power whether in alliance with military or in “democratic” governments. These signs also threatened a Fascist party in the largest metropolis so much so that when the rallies were in taking place in Punjab, TV coverage was being stopped in Karachi. The people had gone defiant and were trying to shake up a historically shaky institution forcing it to realize that it had a duty to perform. Strangely in this case as first step they were demanding restoration of its own head, who had been manhandled and slapped for challenging the mighty. That moment when the verdict was announced was perhaps one of the finest moments of our history and one which I would love to relive again and again.

Sadly things are apparently on their way back. After a string of some anti government decisions, the judges are faltering again. The recent pro Musharraf decision has been rationalized on the grounds that we need him for keeping democracy on “track”. The rationale is banal and idiotic as it is justified on the grounds that he would have imposed Marshal Law had the courts decided against him. Every law and legal impediment is being twisted for a guy who openly declined the need for judicial inquiry into what had happened on12th May. An assembly which itself was created for 5 years is voting to elect president for 10 years. I think they should have elected him for life the first time they voted for him rather than coming up with this comedy show.

There is one major reason which in my opinion has made this judiciary criminally negligent of its duty. In the past, judges never had so much support. They had to make decisions under huge pressure from the executive and without any counter support. Even Zulfiqar Bhutto, certainly the most popular leader was hanged and yet there was no public outcry at that time. Army was in full command of the situation. Judges did what was expected of them.

Given the huge public support, Supreme Court should have shown some bravery on this occasion. Instead during the case, they started blaming the political parties in their remarks. Although it is true that politicians have always used the opportunity to take advantage of the army's conquest of the capital, this does not absolve the judiciary's duty of declaring extra constitutional steps as null and void.

For many this is business as usual. They would claim that Pakistan’s history is full of such incidences and Judiciary has merely repeated what it has always done. However given the unique opportunity which the Judiciary had this time, this decision is the worst decision in our long history of bad decisions. Status quo has been maintained in a most shattering manner.