Institutionalization of Judiciary remains
By Shafiq Solangi
My Lord, who was guarded by his close
companions, like, Aitzaz Ahsan, Ali Ahmed Kurd, Asma Jahangir and many others
during Lawyers Movement during 2007-08, left for his home alone on his final
day in Supreme Court. My lord’s gloomy departure from Supreme Court raises may
questions. Like, why his close aides left him soon after his restoration? Was
it because ‘lawyers’ movement’ had achieved its prime purpose after Chief Justice
was restored in 2008? What ‘lawyers’ movement’ actually was, had it the only
purpose to restore CJP?
No, the actual ‘lawyers’ movement’ had
to begin after the restoration of Chief Justice of Pakistan which unfortunately
went covert and the judicial system and institutionalization of judiciary
remained untouched.
The second phase of ‘lawyers’ movement’
was to bring an institutional revolution in judicial system itself, to deliver speedy
justice and end corruption in it. While my Lord kept taking notices of
corruption cases in different government department, he never noticed that in
all the ‘national corruption perception
surveys’ judicatory was also one among the top most corrupt departments of
the country. Prime Ministers, Politicians, bureaucrats, executives, and
some of security personnel were summoned in corruption charges by his court but
let’s also recall how many Judges were convened in same charges? Surprisingly,
none!
My lord’s court always pressed federal
government and provincial government to do ‘Do More’. From petroleum prices to
samosa prices, he always intruded in government affairs. Interestingly,
on his last day in Supreme Court, one of the newspapers estimated that around
1.65 million cases are still pending in small and big courts of the country.
Including, the presidential reference to review into ‘judicial murder’ of first
elected Prime Minister of Pakistan, Zulfiqar Ali Bhutto.
Analyze my lord’s eight years in office
and one will find that he was mainly focused on administrative, executive and
political issues, while the cases of Pakistan Peoples Party remained his
court’s priority. Sensational, flashing Sou Moto breaking news remained the
center of attraction of news channels. Former Chief Justice also summoned
elected then Prime Minster Yousif Raza Gilani in National Reconciliation
Ordinance (NRO) cases and decided his disqualification on June 19, 2012 while
declining the ruling of constitutional authorities like Speaker National
Assembly and Chief Election Commissioner. Fascinating, wasn’t it?
The Chief Executive of Pakistan was
summoned and sacked by My Lord, justice was served and the people give him a
huge applause. But, Justice Markandey Katju, a former
Judge Supreme Court of India opposed this and said “In my
opinion the Pakistan Supreme Court has gone totally overboard, flouted all
canons of Constitutional Jurisprudence, and is only playing to the galleries
and not exercising judicial restraint. It is thereby upsetting the
delicate balance of power in the Constitutional scheme. Moreover, how can the
court remove a Prime Minister? This is unheard of in a democracy. The Prime
Minister holds office as long he has the confidence of Parliament, not the
confidence of the Supreme Court.” He also wrote, “I regret to say that the
Pakistani Supreme Court, particularly its Chief Justice, has been showing an
utter lack of restraint. This is not expected of superior courts”.
Once he dismissed unanimously elected
Prime he convened his predecessor, Prime Minster Raja Pervez Asharf. My lord
ordered new chief executive to write letter to Swiss Authorities to reopen the
cases against Mr. Zaradri, otherwise he will be sent back to pavilion, like Mr.
Gillani. Afraid of judicial victimization, Farooq H Naek on behalf of then
Prime Minister Raja Pervez Ashraf wrote a letter to Swiss government to reopen
the cases again Mr. Zardari. Since the causes were already closed by Swiss
authorities so they refused to reopen the cases. Now, wasn’t that superior
Courts responsibility to review its decision and admit this miscarriage of
justice and apologize democratically elected Prime Minister, Mr. Gillani?
Some of the political analysts believe
that it was him who stopped military intervention. But, how can I give credit
to former CJP for restraining military intervention, while he himself is one
among those who validated General Musharaf’s Coup and violated the constitution
of Pakistan? How can I praise him for raising the issue of missing persons of
Balochistan while he never took a single notice of missing persons in Sindh?
How can I give him the credit of Asghar Khan Case when he directed FIA to
initiate investigation and fair trail only if sufficient evidences are found?
He took notice when Babar Awan recited some poetry outside Supreme Court, while
Fasil Raza Abidi, who requested you on almost every news channel to summon him
in Arslam Iftikhar’s case, was not heard.
I have an objection! My lord. This was
not the actual idea behind ‘Lawyers Movement’. Your court was more of a politically
inspired institution than a justice department. During your long tenure,
judicial system of this country remained the same, corrupt, lazy, politically
and financially motivated.
Since, the era of political-justice has
reached to an end; it is now responsibility of Justice Tassaduq Hussain
Jillani, new Chief Justice of Supreme Court of Pakistan to continue real lawyers’
movement and bring an institutional change in judicial system of Pakistan.
Shafiq Solangi
