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| Pakistan’s Chief Justice Leaves a Mixed Legacy | Pakistan’s Chief Justice Leaves a Mixed Legacy |
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| LONDON — To some Pakistanis, Iftikhar Muhammad Chaudhry will always be the “dictator slayer” — the judge who defied the military ruler Gen. Pervez Musharraf, helped evict him from office and went on to repurpose a once supine judiciary as a fiercely independent force. | LONDON — To some Pakistanis, Iftikhar Muhammad Chaudhry will always be the “dictator slayer” — the judge who defied the military ruler Gen. Pervez Musharraf, helped evict him from office and went on to repurpose a once supine judiciary as a fiercely independent force. |
| Over a tumultuous eight-year stint, he fired a civilian prime minister, hauled once-untouchable generals before his court and inspired many Pakistanis to believe that, at last, the judiciary might be interested in their problems. | Over a tumultuous eight-year stint, he fired a civilian prime minister, hauled once-untouchable generals before his court and inspired many Pakistanis to believe that, at last, the judiciary might be interested in their problems. |
| But as he stepped down as chief justice this week, his failures — and the broader flaws of a disturbingly weak Pakistani legal system — also loom large. | But as he stepped down as chief justice this week, his failures — and the broader flaws of a disturbingly weak Pakistani legal system — also loom large. |
| His critics accuse Justice Chaudhry of abusing the courts to pursue political vendettas, turning a blind eye to corruption inside his own family and amassing personal power at the price of good law — and even democratic stability. | His critics accuse Justice Chaudhry of abusing the courts to pursue political vendettas, turning a blind eye to corruption inside his own family and amassing personal power at the price of good law — and even democratic stability. |
| For all his revolutionary rhetoric, Justice Chaudhry singularly failed to reform the country’s crisis-ridden lower courts, where more than a million cases are pending in a shambolic system ridden with delays, corruption and systemic weaknesses. | For all his revolutionary rhetoric, Justice Chaudhry singularly failed to reform the country’s crisis-ridden lower courts, where more than a million cases are pending in a shambolic system ridden with delays, corruption and systemic weaknesses. |
| At a time when the state’s authority is under vigorous assault from Islamist militants offering an alternative form of justice, that is no small problem. | At a time when the state’s authority is under vigorous assault from Islamist militants offering an alternative form of justice, that is no small problem. |
| This year, Taliban-run Sharia courts, once confined to the tribal belt, have started operating in parts of Karachi, a vast megalopolis and the country’s most populous city. Such courts can be blunt and brutal, but they resonate with a popular longing for timely justice that plays no favorites. | This year, Taliban-run Sharia courts, once confined to the tribal belt, have started operating in parts of Karachi, a vast megalopolis and the country’s most populous city. Such courts can be blunt and brutal, but they resonate with a popular longing for timely justice that plays no favorites. |
| Sher Muhammad, an ethnic Pashtun timber merchant in Karachi, was embroiled in a bitter dispute over $9,000 with a former business partner until a Taliban court stepped in. The judge ruled in his favor, and he got his money. | Sher Muhammad, an ethnic Pashtun timber merchant in Karachi, was embroiled in a bitter dispute over $9,000 with a former business partner until a Taliban court stepped in. The judge ruled in his favor, and he got his money. |
| “Instead of spending years in a government court,” he said during an interview in the Qasba Colony neighborhood, “Pashtuns are increasingly turning to Taliban justice.” | “Instead of spending years in a government court,” he said during an interview in the Qasba Colony neighborhood, “Pashtuns are increasingly turning to Taliban justice.” |
| In debating Justice Chaudhry’s legacy, Pakistanis are divided between those who say he saved democracy and those who felt he became a tyrant of sorts himself. Both views are supportable. | In debating Justice Chaudhry’s legacy, Pakistanis are divided between those who say he saved democracy and those who felt he became a tyrant of sorts himself. Both views are supportable. |
| His departure is the third act in a wholesale change in the leaders who forged Pakistan’s tumultuous path in recent years. Since September, President Asif Ali Zardari and the head of the Pakistani Army, Gen. Ashfaq Parvez Kayani, have stepped down. | His departure is the third act in a wholesale change in the leaders who forged Pakistan’s tumultuous path in recent years. Since September, President Asif Ali Zardari and the head of the Pakistani Army, Gen. Ashfaq Parvez Kayani, have stepped down. |
| Now that Justice Chaudhry is going, how much of his legacy will endure depends partly on his successor, Justice Tassaduq Hussain Jillani. A less flamboyant figure, Justice Jillani will also have less time to act: He is due to retire when he reaches 65 in July. | Now that Justice Chaudhry is going, how much of his legacy will endure depends partly on his successor, Justice Tassaduq Hussain Jillani. A less flamboyant figure, Justice Jillani will also have less time to act: He is due to retire when he reaches 65 in July. |
| Still, the significance of one act is beyond dispute: Justice Chaudhry’s refusal in March 2007 to step down after being fired by General Musharraf, who had raised him to the chief justice’s seat just two years before. | Still, the significance of one act is beyond dispute: Justice Chaudhry’s refusal in March 2007 to step down after being fired by General Musharraf, who had raised him to the chief justice’s seat just two years before. |
| That gesture of defiance set Pakistan on a bracing new trajectory. It triggered a sweeping protest movement that, 18 months later, led to General Musharraf’s departure, but also promised something more profound: an end to the judiciary’s image as the handmaiden of military rulers. | That gesture of defiance set Pakistan on a bracing new trajectory. It triggered a sweeping protest movement that, 18 months later, led to General Musharraf’s departure, but also promised something more profound: an end to the judiciary’s image as the handmaiden of military rulers. |
| For decades, pliant judges had rubber-stamped successive military takeovers in Pakistan. After he was reinstated as chief justice in 2009, Justice Chaudhry recast that relationship along new lines. | For decades, pliant judges had rubber-stamped successive military takeovers in Pakistan. After he was reinstated as chief justice in 2009, Justice Chaudhry recast that relationship along new lines. |
| His weapon of choice was to act suo moto — a legal provision that empowers a judge to start a hearing on virtually any matter. Under Justice Chaudhry’s guidance, judges denounced political corruption, upbraided senior ministers and police officers in court, and intervened in a dizzying spectrum of public issues large and small, including the price of flour, Karachi’s traffic chaos and the plight of the country’s transsexuals. | His weapon of choice was to act suo moto — a legal provision that empowers a judge to start a hearing on virtually any matter. Under Justice Chaudhry’s guidance, judges denounced political corruption, upbraided senior ministers and police officers in court, and intervened in a dizzying spectrum of public issues large and small, including the price of flour, Karachi’s traffic chaos and the plight of the country’s transsexuals. |
| For the military, which has ruled Pakistan directly or indirectly for half a century, that meant a previously unimaginable level of civilian scrutiny. A former army chief was grilled about his role in an election-rigging scheme; senior officers faced stern demands to halt human rights abuses in Baluchistan; even the feared intelligence agencies were forced to produce their emaciated detainees before the Supreme Court. | For the military, which has ruled Pakistan directly or indirectly for half a century, that meant a previously unimaginable level of civilian scrutiny. A former army chief was grilled about his role in an election-rigging scheme; senior officers faced stern demands to halt human rights abuses in Baluchistan; even the feared intelligence agencies were forced to produce their emaciated detainees before the Supreme Court. |
| General Musharraf’s case is the most stark. Once Pakistan’s supreme leader, today he languishes under house arrest, facing treason charges that carry a potential death sentence. | General Musharraf’s case is the most stark. Once Pakistan’s supreme leader, today he languishes under house arrest, facing treason charges that carry a potential death sentence. |
| But even then, the end results of Justice Chaudhry’s crusades have been limited, and his forceful personality also become a liability. “He developed a messiah complex,” said Saroop Ijaz, a lawyer and writer. | But even then, the end results of Justice Chaudhry’s crusades have been limited, and his forceful personality also become a liability. “He developed a messiah complex,” said Saroop Ijaz, a lawyer and writer. |
| Despite the public chastisement of acting senior generals, none were jailed. The army’s “kill-and-dump” policy against separatists in Baluchistan continues. And in other matters, the court often favored publicity stunts over substance. | Despite the public chastisement of acting senior generals, none were jailed. The army’s “kill-and-dump” policy against separatists in Baluchistan continues. And in other matters, the court often favored publicity stunts over substance. |
| An actress caught with two bottles of wine was pursued. But the judges were largely silent in the face of clerics who delivered hate-filled speeches that invited attacks on Ahmadis and other minorities. And the court’s prosecutorial energies seemed most focused on a softer target — Mr. Zardari, long a rival of Justice Chaudry. | An actress caught with two bottles of wine was pursued. But the judges were largely silent in the face of clerics who delivered hate-filled speeches that invited attacks on Ahmadis and other minorities. And the court’s prosecutorial energies seemed most focused on a softer target — Mr. Zardari, long a rival of Justice Chaudry. |
| For over a year, the chief justice sought to have Mr. Zardari indicted on corruption charges, an effort that ultimately failed but did result in the dismissal of Mr. Zardari’s prime minister, Yousaf Raza Gilani, in June 2012. | For over a year, the chief justice sought to have Mr. Zardari indicted on corruption charges, an effort that ultimately failed but did result in the dismissal of Mr. Zardari’s prime minister, Yousaf Raza Gilani, in June 2012. |
| Another quixotic effort to spear Mr. Zardari in court, known as Memogate, so destabilized the government that it at one point generated feverish rumors of a military coup. | Another quixotic effort to spear Mr. Zardari in court, known as Memogate, so destabilized the government that it at one point generated feverish rumors of a military coup. |
| In contrast, the courts were more indulgent toward Justice Chaudhry’s eldest son, Arsalan, who faced accusations of taking substantial bribes, yet was ultimately cleared by a commission of inquiry. | In contrast, the courts were more indulgent toward Justice Chaudhry’s eldest son, Arsalan, who faced accusations of taking substantial bribes, yet was ultimately cleared by a commission of inquiry. |
| Now, even lawyers who once stood firmly with Justice Chaudhry say he overstepped his authority. “He loves power and amassed it into his office,” said Syed Qalb-i-Hassan, vice-chairman of the Pakistan bar council. “He was not the president of Pakistan. But he exerted himself like one.” | Now, even lawyers who once stood firmly with Justice Chaudhry say he overstepped his authority. “He loves power and amassed it into his office,” said Syed Qalb-i-Hassan, vice-chairman of the Pakistan bar council. “He was not the president of Pakistan. But he exerted himself like one.” |
| Ordinary Pakistanis, excited by Justice Chaudhry’s populist court initiatives, were more indulgent of his tactics. Court petitions for suo moto cases rose to around 90,000 in an 18-month period of 2010 and 2011, from 450 in 2004, according to the International Commission of Jurists. | Ordinary Pakistanis, excited by Justice Chaudhry’s populist court initiatives, were more indulgent of his tactics. Court petitions for suo moto cases rose to around 90,000 in an 18-month period of 2010 and 2011, from 450 in 2004, according to the International Commission of Jurists. |
| Sections of the television media — the other new element in Pakistan’s power equation — supported his drives, delighting in his thunderous chastisement of senior ministers and bureaucrats. | Sections of the television media — the other new element in Pakistan’s power equation — supported his drives, delighting in his thunderous chastisement of senior ministers and bureaucrats. |
| But down in the lower courts, justice remains a grindingly slow business. | But down in the lower courts, justice remains a grindingly slow business. |
| Dr. Shahid Ghaffar, from Lahore, said his grandfather started a property case in 1975 that remains unresolved. “I don’t expect to see a verdict in my lifetime,” said Dr. Ghaffar by phone from Australia, where he emigrated this year. “I’m not even sure why we’re fighting it any more.” | Dr. Shahid Ghaffar, from Lahore, said his grandfather started a property case in 1975 that remains unresolved. “I don’t expect to see a verdict in my lifetime,” said Dr. Ghaffar by phone from Australia, where he emigrated this year. “I’m not even sure why we’re fighting it any more.” |
| The vacuum created by those flaws can have disturbing consequences. In some rural areas, tribal councils known as jirgas still dispense rough justice in which women are bartered to settle disputes — even though such jirgas are illegal — human rights groups say. | The vacuum created by those flaws can have disturbing consequences. In some rural areas, tribal councils known as jirgas still dispense rough justice in which women are bartered to settle disputes — even though such jirgas are illegal — human rights groups say. |
| And in extreme cases, courthouses become the scene of violent retribution. At a murder trial in Lahore last June, Muhammad Shahbaz sprayed bullets inside a courtroom that killed two men accused of killing his relatives. | And in extreme cases, courthouses become the scene of violent retribution. At a murder trial in Lahore last June, Muhammad Shahbaz sprayed bullets inside a courtroom that killed two men accused of killing his relatives. |
| Now Mr. Shahbaz is the one facing murder charges. His lawyer says that he acted out of frustration with the sluggish pace of justice — something that even the police say they sympathize with. | Now Mr. Shahbaz is the one facing murder charges. His lawyer says that he acted out of frustration with the sluggish pace of justice — something that even the police say they sympathize with. |
| “Nobody believes in the system any more,” said Muhammad Boota, head constable at the police station where Mr. Shahbaz was charged. “And that can cause people to take the law into their hands.” | “Nobody believes in the system any more,” said Muhammad Boota, head constable at the police station where Mr. Shahbaz was charged. “And that can cause people to take the law into their hands.” |
| Among the most sclerotic are the Anti-Terrorism Courts, which have special powers to jail jihadist militant leaders, yet have proved particularly ineffective. Three antiterrorism courts in Karachi scored just 99 convictions from 2007 to 2011, officials say. An additional 1,500 cases are still pending in the surrounding province of Sindh. | Among the most sclerotic are the Anti-Terrorism Courts, which have special powers to jail jihadist militant leaders, yet have proved particularly ineffective. Three antiterrorism courts in Karachi scored just 99 convictions from 2007 to 2011, officials say. An additional 1,500 cases are still pending in the surrounding province of Sindh. |
| “The law states that every judge can hear only one case at a time,” said Abdul Maroof Maher, a state prosecutor. “My judge has 179.” | “The law states that every judge can hear only one case at a time,” said Abdul Maroof Maher, a state prosecutor. “My judge has 179.” |
| Prosecutions are further hampered by blatant intimidation of witnesses and prosecutors. | Prosecutions are further hampered by blatant intimidation of witnesses and prosecutors. |
| In one case against Mohammad Ajmal, a leader of the anti-Shiite sectarian group Lashkar-e-Jhangvi who has been on trial since 2002, three witnesses abruptly recanted their testimony, Mr. Maher said. | In one case against Mohammad Ajmal, a leader of the anti-Shiite sectarian group Lashkar-e-Jhangvi who has been on trial since 2002, three witnesses abruptly recanted their testimony, Mr. Maher said. |
| Mr. Maher, who recently survived an attack on his life, was also threatened. During one court hearing, Mr. Ajmal told him: ‘I know where your children study.’ ” | Mr. Maher, who recently survived an attack on his life, was also threatened. During one court hearing, Mr. Ajmal told him: ‘I know where your children study.’ ” |
| “They would say, ‘Why are you going after good Muslims?’ ” he told the Committee to Protect Journalists in a report published this year. Mr. Buriro has since fled Pakistan. | “They would say, ‘Why are you going after good Muslims?’ ” he told the Committee to Protect Journalists in a report published this year. Mr. Buriro has since fled Pakistan. |
| Justice Chaudhry’s retirement is likely to be welcomed by Prime Minister Nawaz Sharif. In opposition, Mr. Sharif wholeheartedly supported the judge’s flamboyant court drives. | Justice Chaudhry’s retirement is likely to be welcomed by Prime Minister Nawaz Sharif. In opposition, Mr. Sharif wholeheartedly supported the judge’s flamboyant court drives. |
| But now that he is in power, it suits Mr. Sharif to have a less ambitious figure in charge of an increasingly unfettered judiciary. | But now that he is in power, it suits Mr. Sharif to have a less ambitious figure in charge of an increasingly unfettered judiciary. |
Reporting was contributed by Taha Siddiqui from Lahore, | Reporting was contributed by Taha Siddiqui from Lahore, Pakistan; Saba Imtiaz and Zia ur-Rehman from Karachi, Pakistan; and Salman Masood from Islamabad, Pakistan. |