THE JURISTS IN POLITICS.
In Pakistan nothing is asymmetrical or anomalous. The most unexpected are expected and the most hilarious is taken routinely without surprise. In seventies Air Martial Asghar Khan wrote "generals in politics", it might have been surprising for some outsiders at that time but not for Pakistani citizens, as F.M Ayub was in politics since the days of shaheed millat and was one of his trusted man for his so called role in Pindi conspiracy.
Now when I decided to write few words about gowns and wigs it was neither surprising for me nor I had the feeling that it will surprise the Pakistani readers. We are immune to these anomalies. Just to justify my endeavour for historical reasons I will quote few out of countless.
The country has been ruled by despots of all shades. Some of them were either physically or mentally unfit. We have seen judiciary abandoning its freedom, taking oath from the abrogator of constitution and inventing the ideology of necessity. No judiciary has condemned any martial law unlawful. Even the present CJ took an oath from a military dictator.
We have seen civilian martial law administrator and had the luck to see a four years old boy, Aimal behind the bars for anti state activity. Many times our public has distributed sweets to welcome martial law. We have masterly command to distort the history to snatch the honour of the first elected prime minister of the country from shaheed Benazir and gave it to her father Z.A.Bhutto who was in fact elected opposition leader.
So it is no wonder if our CJ is in active politics for last one year. His political leaning were obvious from the day one when he was reinstated as CJ but for the last one year he is on the countrywide truth delivering political speeches reminding the parliament and government about their jurisdiction . Jurisdiction is for others to observe or face the contempt of court.
Our Chief of judiciary has superseded our chief of armed forces in forcing the other jurists to fall in lane when it comes to discipline and administration. Our judicial core commanders have shown their exemplary obedience to their chief. His uttered words carry Devine sanctity. But they fail to comprehend that such unanimous thinking reflect their mental calibre. They are insulting their own intellectual wisdom.
The so Moto actions are taken for selected cases irrespective of national interest and so is the selection of cases to be adventurously pursued. Our CJ has special interest in political issues and day to day cases of public interest are piling up. The justice in the lower courts yet to get the attention of our higher courts. The feathers alike have flocked together. The CJ onslaught is supported by electronic media, the political parties to the right of the centre while army chief has left the pitch to judiciary chief.
The judicial stance towards army establishment is one of extreme caution. They are quietly watching the developing scenario with eagle eye. It reminds me of my days in Saudi Arabia. Once I was visiting colleagues in Aramco, Dhahran, when I saw a board on motorway saying, " the Saudi law ends here." I think our supreme court jurisdiction ends at the gate of GHQ. Country within a country is quite common in third world countries particularly in Muslim countries so no surprise. For reason unknowingly known to us they are sailing in the same boat but the most powerful has turned blind eye to the events. I feel they think that their job is being done by others for them so why to get blame. Previously army used the shoulder of politicians but now they have lost the credibility. Gowns and wigs are better alternative. It is nothing new the previous tract record of judiciary is of the same nature but the despot were civilians.
The election is drawing nearer. The forces are taking their position. Our partisan free judiciary has jumped in to the field first threatening the parliament and government. The change in the constitution contrary to the spirit to democratic values must be resisted by every one but this is the job of masses and political parties not the jurists to launch the campaign and threat to thwart such a move. There is hardly any institution of the state working in its jurisdiction but to clip the feathers of one and let the others fly high in sky is not understandable to sane mind but in Pakistan not unexpected.
The CJ speech in London was highly political though he came to collect the prize of being a great jurist. Political inclination destroys professionalism. Our fledgling free partisan judiciary lacks professionalism as they surrendered their freedom just after the freedom. The army professionalism deteriorated greatly after 1969. The sectarianism and politicisation destroyed this highly organised and professional institution of our country. Army was a strong institution and the deterioration took years but judiciary is still in infancy it just need a small jolt. I refuse to accept the terminology of judicial activism, it is in fact a judicial adventurism putting at stake the integrity of the country. It is brazenly partisan and highly politicised. There are no alternative words to describe our judiciary character.
The two chiefs with political dwarfs are playing with the destiny of the federation. We know that the devaluation of centralisation of powers has not been accepted mentally by the ruling constituency of Pakistan, The Punjab.
Is there any bigger threat to Pakistan than the insurgency in Baluchistan.? How many missing personnels have been recovered by our judiciary? If not when should we expect the so Moto action against the agencies or issuance of the orders of contempt of court? When the indiscriminate killings in Karachi of poor people will be given the honour to be heard by free judiciary? The blood is asking for attention!
Fear and opportunism are the worst enemies of human values. A nation without established character is no nation. Our collective values have been devalued by all pillars of our successive governments. We are living in a vacuum, quite remote from realities.
In USA the flaw in the electoral system came to lime light during Mr. Bush and Mondale race. Mondale in spite of bagging majority of the popular vote could not become the president. Mr. Bush was the judicially nominated president in the history of USA who was not elected by masses. It was not their judiciary to debate but their parliament to take up the matter up and decided to retain the undemocratic clause. Their judiciary neither threatened nor took so Moto action. Just for historical reason they retained an undemocratic clause. India was quick to comment that now it should be the other way round we should send election observers to USA for monitoring.
The character demands that till Dr.Arsalan case is decided the CJ should go on leave to establish high moral ground.
Prof.(Dr.) Khurshid Alam
Shangla. Dated: 9/8/12
Email: khurshidalam44@hotmail.com
In Pakistan nothing is asymmetrical or anomalous. The most unexpected are expected and the most hilarious is taken routinely without surprise. In seventies Air Martial Asghar Khan wrote "generals in politics", it might have been surprising for some outsiders at that time but not for Pakistani citizens, as F.M Ayub was in politics since the days of shaheed millat and was one of his trusted man for his so called role in Pindi conspiracy.
Now when I decided to write few words about gowns and wigs it was neither surprising for me nor I had the feeling that it will surprise the Pakistani readers. We are immune to these anomalies. Just to justify my endeavour for historical reasons I will quote few out of countless.
The country has been ruled by despots of all shades. Some of them were either physically or mentally unfit. We have seen judiciary abandoning its freedom, taking oath from the abrogator of constitution and inventing the ideology of necessity. No judiciary has condemned any martial law unlawful. Even the present CJ took an oath from a military dictator.
We have seen civilian martial law administrator and had the luck to see a four years old boy, Aimal behind the bars for anti state activity. Many times our public has distributed sweets to welcome martial law. We have masterly command to distort the history to snatch the honour of the first elected prime minister of the country from shaheed Benazir and gave it to her father Z.A.Bhutto who was in fact elected opposition leader.
So it is no wonder if our CJ is in active politics for last one year. His political leaning were obvious from the day one when he was reinstated as CJ but for the last one year he is on the countrywide truth delivering political speeches reminding the parliament and government about their jurisdiction . Jurisdiction is for others to observe or face the contempt of court.
Our Chief of judiciary has superseded our chief of armed forces in forcing the other jurists to fall in lane when it comes to discipline and administration. Our judicial core commanders have shown their exemplary obedience to their chief. His uttered words carry Devine sanctity. But they fail to comprehend that such unanimous thinking reflect their mental calibre. They are insulting their own intellectual wisdom.
The so Moto actions are taken for selected cases irrespective of national interest and so is the selection of cases to be adventurously pursued. Our CJ has special interest in political issues and day to day cases of public interest are piling up. The justice in the lower courts yet to get the attention of our higher courts. The feathers alike have flocked together. The CJ onslaught is supported by electronic media, the political parties to the right of the centre while army chief has left the pitch to judiciary chief.
The judicial stance towards army establishment is one of extreme caution. They are quietly watching the developing scenario with eagle eye. It reminds me of my days in Saudi Arabia. Once I was visiting colleagues in Aramco, Dhahran, when I saw a board on motorway saying, " the Saudi law ends here." I think our supreme court jurisdiction ends at the gate of GHQ. Country within a country is quite common in third world countries particularly in Muslim countries so no surprise. For reason unknowingly known to us they are sailing in the same boat but the most powerful has turned blind eye to the events. I feel they think that their job is being done by others for them so why to get blame. Previously army used the shoulder of politicians but now they have lost the credibility. Gowns and wigs are better alternative. It is nothing new the previous tract record of judiciary is of the same nature but the despot were civilians.
The election is drawing nearer. The forces are taking their position. Our partisan free judiciary has jumped in to the field first threatening the parliament and government. The change in the constitution contrary to the spirit to democratic values must be resisted by every one but this is the job of masses and political parties not the jurists to launch the campaign and threat to thwart such a move. There is hardly any institution of the state working in its jurisdiction but to clip the feathers of one and let the others fly high in sky is not understandable to sane mind but in Pakistan not unexpected.
The CJ speech in London was highly political though he came to collect the prize of being a great jurist. Political inclination destroys professionalism. Our fledgling free partisan judiciary lacks professionalism as they surrendered their freedom just after the freedom. The army professionalism deteriorated greatly after 1969. The sectarianism and politicisation destroyed this highly organised and professional institution of our country. Army was a strong institution and the deterioration took years but judiciary is still in infancy it just need a small jolt. I refuse to accept the terminology of judicial activism, it is in fact a judicial adventurism putting at stake the integrity of the country. It is brazenly partisan and highly politicised. There are no alternative words to describe our judiciary character.
The two chiefs with political dwarfs are playing with the destiny of the federation. We know that the devaluation of centralisation of powers has not been accepted mentally by the ruling constituency of Pakistan, The Punjab.
Is there any bigger threat to Pakistan than the insurgency in Baluchistan.? How many missing personnels have been recovered by our judiciary? If not when should we expect the so Moto action against the agencies or issuance of the orders of contempt of court? When the indiscriminate killings in Karachi of poor people will be given the honour to be heard by free judiciary? The blood is asking for attention!
Fear and opportunism are the worst enemies of human values. A nation without established character is no nation. Our collective values have been devalued by all pillars of our successive governments. We are living in a vacuum, quite remote from realities.
In USA the flaw in the electoral system came to lime light during Mr. Bush and Mondale race. Mondale in spite of bagging majority of the popular vote could not become the president. Mr. Bush was the judicially nominated president in the history of USA who was not elected by masses. It was not their judiciary to debate but their parliament to take up the matter up and decided to retain the undemocratic clause. Their judiciary neither threatened nor took so Moto action. Just for historical reason they retained an undemocratic clause. India was quick to comment that now it should be the other way round we should send election observers to USA for monitoring.
The character demands that till Dr.Arsalan case is decided the CJ should go on leave to establish high moral ground.
Prof.(Dr.) Khurshid Alam
Shangla. Dated: 9/8/12
Email: khurshidalam44@hotmail.com
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