Having already become a world record holder for setting new precedents, Pakistan can now add another one to its long list. For the first time in history, the appointment of the chief justice of Pakistan has been declared "invalid, illegal and unconstitutional" by a 10-member bench of the Supreme Court. Those unfamiliar with the country and its ingenuity for establishing new records can be forgiven for thinking that such a judgment must concern a recent appointment that has been struck down.
This, however, is not so. The chief justice in question is Mr Sajjad Ali Shah, who was appointed over three years ago, on June 5, 1994. The Bench that termed this appointment "illegal" comprises those who served under him for this length of time. This fact will no doubt raise many eyebrows and generate questions of credibility. Since seniority and not conduct is the basis of this judgment, people will legitimately ask why it took more than three years and Mr Shah's clash with the government for this matter to be adjudicated.
Whichever way one looks at the dénouement of a judicial and constitutional wrangle that has gone on for months, the ouster of the highest judicial officer in the land can only be described as a sad day in the country's already tragic history. The events leading up to a judgment that in the public mind was a foregone conclusion — as such rulings have increasingly become — and are too well known to merit elaboration. It remains true, however, that several actions during this sorry episode will have significant long-term repercussions even if the heat and political passion generated by a struggle between the Executive and Mr Sajjad Ali Shah tends to obscure this for now.
Institution building takes generations; institutional weakening can be achieved within minutes. Tuesday's verdict will haunt us all for years to come.
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