khAdim duRRani Quettawaal
As a result of lawyers’ long drawn tireless movement, and last week’s final push in the form of a long march by some of the political parties, the Chief Justice of Pakistan Mohammed Iftikhar Chaudhry has finally been reinstated; according to a news reports he resumed his judicial responsibilities with effect from 22nd March 2008 (Today). Mr Chaudhry’s reinstatement should bring to an end the state of conflict in the country for which ordinary people and a fledgling democracy have been paying a high price. For example, on May 12, 2007 many people were killed in Karachi and over the last two years, due to strikes by lawyers, the court proceedings across Pakistan were badly affected.
Sadly, over the last six decades, corruption, mismanagement and the lack of accountability have been the main factors affecting every one of us on daily basis. Unfortunately, the situation is such that every legal objective is achieved through illegal means and every illegal action is covered by a legal façade, exacerbating further the miseries of people. Victims of crimes and injustices hardly get any justice while the offenders roam about freely in the society without fearing the risks of being prosecuted. There are so many examples of corruption, mismanagement and injustices that citing them here would be a futile attempt. Only citizens of Pakistan know the need for and importance of a ‘just’ and independent judiciary. The sole reason that Pakistan is heading towards socio-political and economic meltdown is because ‘the judiciary’ has failed to deliver what it was meant to deliver and that is ‘justice’ to those who seek it – irrespective of their social status, personal connections and political affiliations etc.
A judge who fails to keep intact his neutrality and integrity, in dealing with judicial matters, cannot and should not be called a judge and the ones who get bribes and other favours are simply the black sheep of our society, not the judges. The profession of judiciary would be better off without them. And those who, over the past six decades, have been taking oath under PCOs have only brought shame to this profession.
Though Mr Chaudhry himself has been criticized for having taken oath under PCO (Provisional Constitutional Order) nonetheless there have been many occasions when the Chief Justice took bold decisions (numerous suo moto actions) to help alleviate the sufferings of ordinary people thus raising their confidence in a judiciary that was losing credibility in the eyes of the masses. His refusal to give in to General Musharaf’s [illegal] demand to step down as Chief Justice of Pakistan’s Supreme Court only added to Mr Chaudhry’s popularity.
And now is the time to turnover a new leaf in the judicial system of Pakistan since without an independent, confident and a just ‘judiciary’ a real social change will remain a dream. It is therefore imperative we strive to achieve this goal by supporting the right people, without compromising the integrity of such an important institution.
It is worth remembering here that Mr Chaudhry was born and bred in Quetta and before becoming Supreme Court’s Chief Justice he served as the Chief Justice of Balochistan High Court.
Dear Durrani
Thanks for the timely article. your feelings optimistic for the judiciary. Chudhary Ifthikhar or his colleagues have no space to play their role according to the wishes of the people of Pakistan for three main reasons.
1. The parliament, Senate, Provincial assemblies who are the legislators composed of Waderas, industrialist and Jagirdars (Zardarz). How they will allow chuhdary to take legal course for the oppressed people. (Seems impossible).If he try to take action, he will be definitely sideline or kill
2. 2nd the most important factor is the invisible, state actors, Agencies, who are real rulers of Pak sarzameen, they are the real king makers and have the right to deliver justice through their perception to please and satisfy their hidden agendas. Chuhdary sahib has no capacity to handle these hidden state actors.
3. Bureaucracy (army+ Civil) from top to bottoms are used to serve their pity interest and the interest of their bosses. The whole govt machinery is corrupt and has no moral values to serve the nation. Chudhry sahib’s ambitions will soon be dissolved like making sand dam in front of Indus river and soon will be wash away.
Kakau
Dear Kakau Sahib,
To some extent, I do not disagree with your assertions. But in my humble opinion ’something is better than nothing’. If chaudhry’s reinstatement means a little bit of positive change could be on its way then that is a clear diversion from what we have lately been witnessing in the judiciary where no distinction is made between wrong and right when it comes to what a military or a civilian dictator dictates!
Besides, I don’t think judiciary or judiciary’s independence has been restored. Only Mr Chaudhry’s position has been reinstated and that in my opinion is a positive step which could ultimately pave the path for the independence of the judiciary.
Let’s keep our fingers crossed and hope the best for our suppressed and exploited people.
Khadim