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Aren’t events unfolding give rise to fear that Pakistan has lost chance of ever having an impartial judiciary? [Issue
Date: Wednesday, May 27, 2009]
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Deemed or designed to mount counter-insurgency offensive, the army action has kindled a conflagration with disastrous ramifications. Already over three million Pakistanis have been turned IDPs in their own homeland. The uprooted people passing through trials and tribulations shall not have Talibans as the scourge to grouse and grind, but that their fallout shall encompass the expedient army action set in motion by a thoroughly imbecile and insipid govt. The wrenching violence at Swat and Malakand was not the tame affair army hoped to march through with least resistance. The Western media, under army escort, were driven through the war ravaged theater and have chronicled their eyewitness accounts of wreckage and destruction strewn all over Swat and Malakand the grisly details of which could move even the stone-hearted people.
An unwilling Pakistan was cunningly or coercively drafted into WoT - a sordid scheme of the Judo-Christian conspiracy to weaken Muslim Ummah by sinister "Divide and destroy" strategy. Casualties are inevitable in any war. But it is evident that those directing the conflict from Western capitals are not the ones whose societies are bearing the greatest brunt. That price is paid by ordinary Afghans and Pakistanis. If the statistics provided by ISPR is to be credited as trustworthy, there are over 3000 troops and over 7000 Talibans have been the casualties so far - a tally of 10000 Muslims dying unnecessarily and uselessly. This does not include the victims of barbaric UAVs (unmanned aerial vehicles carrying missiles - often laced with white phosphorous) attacks that have killed 800 plus tribal among whom only 14 were high value targets.
Maulvi Tamizuddin Khan case of the past and the Tikka Iqbal case of the recent past are the judgments that changed the course of judicial credibility. The mischievous and morbid "Law of Necessity" gave legality to the monstrosity of Martial Laws whereby the Constitution was held in abeyance and the military outfits ruled supreme in their pervert and tyrannical megalomania. The Dogar Court shall go down in the history of judiciary as the most corrupt and contriving, having engineered NRO to whitewash pathological kleptomaniacs.
Suffice it to say that the simplest perception of the Supreme Court is the one important pillar among the three principal pillars: the Legislative (Assemblies at the Center or Provinces); the executive (govts. at the Center and the provinces) and the judiciary (of which SC is the Apex Court) that animates the concerns of encroachment and aggrandizement of one of the pillars against the other(s). The SC supervises the separation of powers between the main players - the Assemblies, the Executive and the Judiciary. While the cardinal principle of justice is 'that it should not only be done but should be seen to have done'. The Munirs, the Peerzadas, the Qayyums, the Dogars and the PCO judges are those who have been condemned by professionals and people of the country, for having failed to realize that there must be an 'Objective stance' to the law, if the law is to have any meaning beyond the idiosyncratic 'perspectives' of those who wear the judicial robe. The many suo motto initiatives undertaken by the brave-heart CJ Iftikhar had endeared him into the hearts and minds of the public that showed its fervor and fraternity by voluntarily joining forces with lawyers to re-instate the judiciary of pre-Nov 03, 07 with original configuration.
Revocation of unjust indictment against Shariffs can never be construed as playing to the gallery or repaying its debt of gratitude as a vicious and vitriolic pen of some poster wishes us to believe.
S. Nasrullah |
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Me, you, he, she, they…. in fact, its 'us' its all of 'us' contributing to each and every rule and procedure or line that we follow or we are fed up with but still at the same time its 'us' who say that politicians are corrupt, yes they are corrupt, there are so many, but we brought them to legal seats and destroy everything.... its us say that system is very bad, yes it is… we made it, we follow it on daily basis, but still we can’t change it. Its us who
say that nothing will be good, as they were before? Like we say that judiciary will remain same, but its not like that it will be changing its direction and it is changing its direction. Its not only the chief justice of Pakistan who is responsible for everything, its about all of us its about all those who were on the roads for the restoration of judiciary. I believe that judicial movement is not ended yet. It shouldn't be ended please, but it should retain the same pace with which it proved miracles happening. I am very sorry but I feel that feudalism is the root cause of unstable political structure in Pakistan and let me tell every one that this unstable structure is ruining every process everybody. Let us, we can stop happening this and we can make a sure that judiciary and all other institutions are not in halt phase of their operations and activities.
Waqas Afridi |
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Higher judiciary right from the day of nation's birth has behaved like the colonial district magistrate. The judges did not realize they have to earn the respect and the trust of a free people. Refuge behind the contempt of court laws would not save them from the contempt of the people who see injustice in their judgments to the people---justice should not only be done but appear to have been done. When that is not the case, people shall use all media to expose their corruption and unjust conduct of their duties.
mian mohammad amin |
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I want to say it repeatedly that the Judges of supreme court must be elected by the existing parliamentary committee and the parliament for life so that they cannot be pressurized by anybody including President and Prime Minister.
m.akhtar |
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When the people like Nawaz and company remain the leaders in Pakistan there is every doubt of an impartial judiciary. Since the decision if not in favor of them is called injustice and in their favor is called justice. Nawaz and company led the attack on the Supreme Court and crushed all democratic norms. These are the people who have one hand with Taliban and other hand with the government. Their agenda is to rule only not to serve the people. Pakistan is the only country on earth, which has religious militancy. There are thousands and thousands religious schools, which are in fact not required at all on earth. Islamic teachings are based on ethics and sciences, not only reciting Quran but to invent what is written in Quran. Whole system is based on hatred and unnecessary confrontation with the western countries. Confrontation never yields results and would never convince any society on an ideology. Islamic and its values are at its stake because of Pakistani mullahs wrong maneuvering especially the role of Jamat-e-Islami is most stupid and sectarian. Its mullahs when in government praise everything and when not in the government condemn everything. Pakistan has become a laughing stock throughout the world, those who are living abroad face tough tackling and they are at risk.
Sarwar Husain |
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'Unfolding events' serves as pointer to the ongoing mayhem across the Pak-Afghan borders where a senseless and endless conflict is fueled by vague and vicious propaganda of WoT. Today, the world seems to deliberately ignore the fact that those directing the conflict from Western capitals are not the ones whose societies are bearing the greatest losses. That price is paid by ordinary Afghans and Pakistanis. An unwilling Pakistan was shanghaied into the catastrophic WoT - an expedition the Allied Forces surrendered realistically, but held on to it stubbornly to avoid loss of face. The hit-or-miss missiles fired by Drones caused tremendous deaths of innocent men, women and children along with the desecration of mosques and materials of reverence. This inflamed the wrath of those intrepid tribal who took up arms against their own armed forces that colluded with enemies to betray and belittle them. The rubble and the wreckages that abound the cities and villages in and around Swat and Malakand is a living testimony of the reckless and ruthless acts of frenzied foreign policy and atrocious administration. The intense shelling, strafing and bombing killed people, destroyed properties that included mosques and madressahs. It reminded the grisly and grotesque Lal Masjid operation where the prohibited white phosphorous was used to flush out the so-called militants. Burnt out tanks and armored carriers tell a sorry tale of the military juggernaut paying huge price for its punctured pride. For record sake, US UAVs (unmanned aerial vehicles- popularly called 'Predator Drones') have killed upwards of 800 civilians with only 14 militants of value killed in 40 plus sorties.
The US govt., over the past seven years adopted an unprecedented program in American history of cruelly calculated, dehumanizing abuse and physical torture to extract information from its unfortunate victims of GITMO. The infamous and dreaded prison that specializes in inhuman experimentations that epitomizes the Bush legacy of illegal and immoral abuses that pale into insignificance the predatory practices of primitive Mongols and Tartars that created minarets of human skulls. Every civilized nation live by their commitment to their Constitution that enshrines their resolve to live in peace and in harmony and to progress and prosper to mark their distinction and distinguished place among the comity of world nations. A constitution broadly defines and divest powers to three principal pillars of the State: the Assemblies of popularly elected public reps with power to legislate; the Executive branch of selected administrators to execute and to the Judiciary comprising the Bench and the Bar to adjudicate. Meticulous care is taken to safeguard and resist the blandishments and incursions of one branch to the other. Accordingly, Supreme Court jealously guards its separation-of-powers jurisprudence which is always animated by concerns of encroachment and aggrandizement - incidences that replete the judicial history of Pakistan. The Tamizuddin Khan case in the past, and Tikka Iqbal case of recent times are the judgments classified as having presidential effect. These cases are just a small window into what is a fairly extensive judicial record. Justice Munir in the past and Justice Dogar of the recent past shall go down in the judicial history to have prostituted their positions to ignominiously perturb the delicate balance of powers between the three pillars on army's behest and bullying pressures.
Peoples' support and their combined strength stymied the illusive plans and prejudices of a corrupt administration into submission to re-instate the deposed Panel of SC Judges, who they thought would enhance courts ability to faithfully apply the law and avert the cunning and the cowardice of those CJs who intuitively - and furtively - put their impermissible thumb on the scales of justice. The many 'Suo Motto' cases undertaken by the present CJ had endeared him to the great majority of the people, who participated in droves to weather the storm unleashed by the administration, in their struggle to revive the judiciary to pre-Nov 03, 07 configurations. The peoples' trust in CJ Iftikhar Chaudhry stemmed from the concept that there must be 'objective stance' to the law if the law is to have any meaning beyond the idiosyncratic 'perspectives' of those who wear the judicial robe. A scorpion would always sting. It is his instinct. The plague of provincialism is manifest in the poisonous railing of those who default the enlightened Punjab for the reversal of a touted judgment against the Sharifs.
S. Nasrullah |
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Justice delayed is justice denied -- it was about time that the current rule of law Supreme Court -- reinstated by the rule of law lawyers of Pakistan -- not by Sharif brothers -- reversed all the illegalities of the past ten deceitful dictatorial years -- as soon as possible. The Dogar Court was a blindly pliant court -- the Chaudhry court is not. Talking of "hidden hands" -- there are no ‘outside’ hidden hands -- it's sheer hallucination. There are only oversize openly treasonous, blood drenched hands of a bunch of retrograde regressive barbarian fascists Talibans -- of North and South Wahshistans – over reaching in Swat and Malakand and in Buner only 60 miles away from Islamabad-- aided and abetted – with their minds poisoned -- by the current breed of the double-crossing forked tongue hypocrite half-literate 'maulanas' -- hell-bent on destroying the cultural, economic, political and military modernity of a 21st century Pakistan.
Thank goodness these treasonous over reaching hands are being properly chopped off by the heroic Pakistan army to their proper size and place in the cultural, political, economic and military placing of a 2009 Pakistan – Pakistan would never ever go back to the pre-Islamic "Ahad-e Jahiliya" -- despite the not so hidden hands of the likes of Qazi Ahmads 'maulana' Fazls and their “Panchway Sawar” like Imran Khans.
NASAH |
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For the independence of judiciary and restoration of the sacked judges the lawyers, civil society and political parties protested for a long time, sacrificed the human lives and run the movement without fail. Now, if they are fair, sincere and honest to the country and to the nation they must come out together against Talibaization and terrorist for the stability of Pakistan and for the relief of the IDPs.
Syed Ashraf Ali Rizvi |
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Of course, our judiciary is on way to complete independence and impartiality. Recent decision of Supreme Court regarding eligibility of Sharif brothers is a clear manifestation of its honesty and independence. They have simply upheld the decisions of returning officer and Chief Election Commissioner. Everybody knows that on the indication and encouragement of Zardari their eligibility was challenged in Lahore High Court and later in Dogar’s Supreme Court, which was not above the level of personal slave to Zardari. It is a well-known fact that it was done to politically blackmail the Sharif brothers.
Supreme court various decisions, suo motto actions and introduction of new judicial policy are clear pointer towards Supreme Court marching in right directions. But much remain to be done which includes ouster of PCO judges and implementation of transparent policy and procedure to hire capable, honest and bold judges who could check the corrupt and incompetent rulers. Independent judiciary is the last hope of Pakistan, which has started working after reinstatement of Chief Justice Iftikhar Chowdhry. We must at least reach the level of Indian judiciary in order to provide justice to our people who had been at the brutal mercy of our Government. Cases of missing /abducted and sold persons are examples of our rulers highhandedness and examples of lust for collecting illegal wealth. In fact such rulers need more cruel operation than being done in Swat. They are much worse than Talibans. They have plundered the people in acute poverty. But who will do it? Ultimately the furors of the effected public to take befitting actions against enemies of Pakistan whose hands are wet with blood of the poor people by looting the national wealth. They deserve no mercy.
Syed M Naseem |
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Pakistan's judiciary system never be impartial any time soon, we have to do lots of clean-up work in the whole system, under Chief Justice Iftikhar Chowdhry of Supreme Court, there is some hope that this system in our country be fixed in next two years of time. We have to remember this, in any third world country or under developed country, judiciary system always been in the influence of corrupt judges, lawyers, government officials, military generals, police officers, politicians etc. If every one of us knows, who is right or wrong, who is guilty or not guilty, there should be no problem and the trial go into effect without any side interventions into the judiciary system and justice will prevail for everyone of us.
Taj Ahmad |
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