The SC under Justice Dogar faced the same problem in cases against Brothers Sharif. Even if, in theory, the court had sound legal grounds to disqualify them, the issue had become political rather than remaining anchored in law. Any verdict other than one exonerating them was liable to kick off a political campaign of protest, as it did.

This can now be applied in reverse to the restored CJP. If he absents himself from all such cases, people expecting him to clean up the Augean stables would be disappointed. Even more troublesome, the political opponents of the PPP, having drawn blood, would like Justice Chaudhry to help them finish the job.

Politics would once again spoil to influence law.

Exhibit D: Expectations that the restoration would lead to strengthening of the judiciary and, even more ambitiously, constitutionalism, a much broader concept, may be misplaced. While this is a necessary step in that direction, it is not sufficient. The integrity of one institution is a hollow concept. State institutions work in relation to each other. To

expect one to show integrity in the absence of an overall institutional culture of integrity is putting too high a premium on optimism.

Finally, in situations where politics and law intersect in the absence of any rules of the game, states and societies beget anomalies because politics invariably ends up determining both the nature and the reach of law.

In Pakistan it is difficult to determine where to begin and how far to go back to set things right. Such situations call for pragmatism rather than sheer idealism, which is why Justice Chaudhry, the PCO 1 judge, was acceptable while PCO 2 judges were not. Some residual matter from the past has to be accepted to move forward.

... contd.