In a full court reference on the occasion of his retirement on 17 January 2019, the outgoing Chief Justice Mian, Saqib Nisar, said that during his tenure the apex court issued several landmark verdicts, including the one about Gilgit-Baltistan. The court also took steps to ensure water security for the people of Pakistan. Nisar added, “I worked within the code of conduct for judges and it has been my honor to have served the nation.”

Comment:

Mian Saqib Nisar was the 25th Chief Justice of Pakistan and remained in office from 31 December 2016 till 17 January 2019. During his tenure he took so many suo moto actions that even the legal fraternity questioned the purpose and wisdom. It was his tenure during which the former Prime Minister of Pakistan Nawaz Sharif was disqualified from his office. He took suo moto action on almost every issue faced by the public from health, education, encroachment, governance and water provision. He was promoted and presented as the savior of the people to give them a glimmer of hope in the current system.

Actually the political system of Pakistan, democracy, has always failed the people in every aspect of life. Whenever the people’s frustration reaches the level which could trigger mass revolt against the man-made system, the rulers always present an alternative within the same system. This alternative is sometimes military rule, which establishes its legitimacy on the promise that it will clean the system of corrupt politicians, which it never has. Similarly an alternative is sometimes comes in the form of spurts of judicial activism from the higher levels of judiciary. This presents a picture to the people that if judiciary remains independent and active, then the rights of the people can be secured by the current system. However, this never happens either. Sometimes the alternative is in the form of a new political figure, who make new promises and tall claims. However, this always fails to deliver. The only thing delivered in these pointless exercises is the continuity of the failing man made system.

The people of Pakistan have seen military alternatives in Ayub Khan, Ziaul Haq and Musharraf They have seen judicial activism alternatives in Muhammad Chaudhry and Mian Saqib Nisar. They have seen new face alternatives over the decades, in Zulfiqar Ali Bhutto, the Nawaz Sharif and now Imran Khan. However, all the alternatives failed to deliver on their tall claims. All they achieved is letting off the public pressure against the corrupt man made system, by diverting the people from seeing the true solution. The true solution is the change of system rather than mere changes in faces within it. This can only be achieved by the ruling by all that Allah (swt) has revealed, by the Khilafah (Caliphate) on the method of Prophethood.

So another era of judicial activism has ended, but the situation of the people of Pakistan has not changed. We will continue to see this action replay until we, the Muslims of Pakistan, turn our backs on Democracy and re-establish the Khilafah (Caliphate) on the Method of Prophethood. This is the only solution we have and this is the only real “change.” All other deeds and alternatives are just an illusion of change. Allah (swt) said, كَسَرَابٍ بِقِيعَةٍ يَحْسَبُهُ الظَّمْآنُ مَاءً “(their deeds) are like a mirage in a lowland which a thirsty one thinks is water.” [An-Noor: 39]

Shahzad Shaikh

Deputy to the Official Spokesman of Hizb ut Tahrir in Wilayah Pakistan