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Judiciary

by Dr Tanvir Hussain Bhatti in Government, August 5, 2008

There are uncountable examples in which the rank and file suffers in the hands of the elected and selected mallet men. Then there is only one glimmer of hope and gleam of anticipation for the victimized sad sacks feeling the pinch and that is judiciary. Therefore, judiciary must not only be independent but should also be supreme power in a sovereign country.

The executive, legislature and judiciary are the three key pillars of a democratic state. But if any pillar plays the role of a nosy parker in the affairs of the other institution, that organization cannot perform its duties disinterestedly. Legislature has to outline laws; executive is responsible to put them into practice and judiciary has to watch whether the laws are formed and implemented in the favor of the public. If any law is framed against the welfare of the community or transgressed, then judiciary has to take its course. Therefore, a vigilant judiciary has to play dual roles in a democratic country. Bench is bound to ladle out justice fair-mindedly to build trust of the public in this most significant organization of the state. There are uncountable examples in which the rank and file suffers in the hands of the elected and selected mallet men. Then there is only one glimmer of hope and gleam of anticipation for the victimized sad sacks feeling the pinch and that is judiciary. Therefore, judiciary must not only be independent but should also be supreme power in a sovereign country.

Current judicial crisis entangled the government and with each passing day the situation resulting from its repercussions became from bad to worse. The headliners found it difficult to escape from this self-created trap. A regime that deliberately creates a crisis like situation to safeguard the vested interests of the hotshots without giving a tinker’s dam to the public sentiments, priority to the welfare of the country and concern to the strength of its institutions can barely stake out any claim for egalitarianism and public well being. The bold suo motu notices of the CJP annoyed the authorities. Due to his indomitable will and dauntless courage, he became a thorn in the side of the big cheese. Therefore, he was made “non-functional” on March 9,2007.The ensuing incidents were contrary to the expectations of the men in power due unwavering stand taken by the CJP. The creditable lawyers’ community united with him, vehemently protested for his reinstatement and strived shoulder to shoulder with him for independence of the judiciary and supremacy of the constitution.

Raid on Geo TV office and destruction of its telecasting installations due to coverage provided to the well-liked CJP rallies, brutal killings and grave injuries of the innocent civilians in Karachi, bullets fired on a private TV channel”Aaj”, forcing the Chief Justice not to address the Sindh High Court Bar Association and to return back to Islamabad along with his lawyers, cruel murder of the Supreme Court Additional Registrar Syed Hammad Amjad Raza, nationwide shutdown of business and successful shutter down strikes, suicide bomb explosion in Marhaba Hotel Peshawar, issuance of harsh Pemra Ordinance to silence the public voice, gun firing on the residences of nephew of the CJ and Munir A.Malik(President SCBA) ,Lal Masjid carnage and bomb explosion in Islamabad a few hours before the address of the reverend CJP further complicated the already grim situation. These untoward incidents have exposed the hollowness of the slogan” Freedom of Expression” and taken the wind out of the sails of “Enlightened Moderation”. They have also brushed aside the government’s efforts and quest, to entice the public and to change the international community’s views about the judicial imbroglio in its considerable engineered gathering in Islamabad.

Tall claims made by the leaders in Islamabad in the “Istehkam-i- Pakistan Rally” will serve no purpose because it is crystal clear to every sane patriotic Pakistani that prices of commodities are sky-rocketing, law and order situation is spinning out of control, corruption is out of control, unemployed youth is moving from cigarette kiosk to tea stall in search of jobs, even the jobs created by the current regime are on contractual basis without any security, grinding poverty is still a major formidable and intractable predicament despite official claims of poverty trim-down in statistics, inflation has broken the back of the teeming millions, unchecked population bomb is haunting Pakistan because of its limited resources ,true emancipation of women is still a distant dream ,masses are illiterate and deprived of the basic amenities of life. Judiciary is the only source of justice in a country where the people are fed up with inept politicians, over-ambitious generals and sleaze-spattered bureaucracy.

The red carpet welcome provided to the popular CJP wherever he visited eloquently expresses that people want fair dealings and justice. Judiciary provides the last ray of hope to the disappointed misery-guts to get just treatment. The striking public emotions that came to the surface before and after the outstanding and guidepost decision, bears out that the people want to get rid of widespread palm greasing, favoritism, nepotism, social injustice, economic exploitation, political subjugation and educational stratification. They yearn for overhaul of the contemporary system that can provide them basic facilities of life and ensure socio-economic evenhandedness.

The authorities were left with no other option but to publicly accept the fantastic judgment in order to make known that the men in the driving seat want justice to take its way. The political parties spin the outcome of March 9 incidents to their advantage and in the subsequent days they garner the fruits of its repercussions. They propagate that they want sovereignty of judiciary. But this cannot alter the bald and bitter fact that the actions of these political parties represented a frontal battering on the independence of the judiciary during their own tenures.

Some myopic big guns highlighted that there is clash of institutions. This would be disastrous for the whole nation. A country is like a viable body and its institutions are like its limbs. Each appendage supports the other and they work in coherence for national progress. If one institution or branch stabs the other, it would be suicidal and calamitous for the state. Each organ is bound to play its due role. As eyes cannot hear and ears cannot see, similarly, every institution or personality cannot play the role of other. If an electrical engineer despite having intellect cannot perform the task of a doctor, how can an army personnel carry out the duties of a vice chancellor or any other post for which he is not trained. Distinguished economist Shahid Javed Burki mentioned in his article printed in Dawn newspaper that presently army personnel head 600 key posts all over the country.

All the worthy civil judges, session judges, public prosecutors, attorneys etc., and admirable Justice Jawad S.Khaja of Lahore High Court, who resigned in protest after March 9 decision of making the praiseworthy CJP “non-functional” by filing baseless Presidential reference, should be immediately reinstated. These righteous people are the true assets of the country. Now the reference has been declared transgressive of the law of the land by the adorable full bench of the Supreme Court in its magnanimous decision. Therefore, morally and constitutionally these dignified and principled people should be returned their due perks and privileges.

The icons of highly honorable Justice Khalilur Rehman Ramday and the other laudable and bolt-upright members of the full bench would always glimmer in the brightest chapters of the nation’s history. They changed the history of the judiciary due to their gallant landmark decision. The other judges should follow the exemplary audacity of the jewels of the crown Chief Justice Iftikhar M. Ch, Justice Khalilur Rehman Ramday and Justice Jawad S.khawaja. The lawyers should trail the sagacious and brilliant paradigms of the father of the nation and his true successors Barrister Aitzaz Ahsan, Munir.A.Malik, Ali Ahmed Kurd, M.Ahsan Bhoon etc., who like their altruistic predecessor the Quaid-i-Azam, sacrificed their personal comforts and preoccupations over national imperatives. They did not earn a single penny from this reference case but won the hearts and minds of the millions due to their judicious and righteous stand. They prove through their valiant actions that now the time is ripe for the independence of judiciary, supremacy of the constitution and establishment of parliamentary democracy.

The pictures of executive and legislature are extremely bleak in Pakistan. Most of the men on a good wicket are the feudal lords, self-styled generals and bribery stained bureaucrats. The mass media is the fourth pillar of the state. It is the most important institution that forms the public opinion, which is mandatory for establishment of public rule in a state. Ironically, the men in the driving seat use backhanded tactics to fetter the print and electronic media. The media in Pakistan is shackled; the executive and legislature have failed to prove their worth to liberate the country from the trap of socio-economic evils. The recent judicial crisis and the magnanimous verdict of the Supreme Court, and the subsequent bold decisions by the judiciary proved that it is the only valuable institution that can help the country in resolving its thorny tribulations to safeguard national interests. Its courageous steps have also shown a flicker of expectation to the general public who have stapled great hopes with its integrity. Therefore, the judiciary is the solitary hope for the nation in the bewilderment of the contemporary melting pan.

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