‘War of Words’ By Amjad Malik
Pakistan is amongst fierce fight over the power struggle of two institutions where the question is whether Judiciary allows this time again and or stops the ‘unstinted support’ to any martial law or the acts of martial law in the country. These are valid questions raised by many analysts, senior lawyers and jurists in last few months especially after 9 March 2007, however what nation witnessed on 26 May 2007 at Supreme Court Bar conference cum legal procession was a sheer anger and uncontrolled fire which is similar to a ‘head butt’ of famous footballer ZineDine Zidane in the Football World Cup final on Sunday 9th July 2006 which caused France to lose the world cup final.
I would urge the lawyers movement and head lawyers that sanity must prevail and their papers on law must be apt to be considered not only by rulers but the main stream parties to consider including their manifestos in coming elections. If wisdom is not preached at this juncture then the whole argument will fail where thousands of lawyers supported the cause all around the globe. Senior lawyers must consider the forum’s sanctity, decorum and use their oratory for the sake of Pakistan as with mere words & cheap slogans army is not going to leave the lusty powerful job until the transitional arrangements are in place and or guaranteed by visionary leaders and road map is given by those who aim the independence of judiciary. So calm down and initiate a spade work which will be honoured by millions in the country and many abroad. If such guidance is absent the whole struggle may be futile if the top judge is restored overnight as without political backing of top parties or in the absence of valid movement coupled with political objective(s) without a leader present to lead is bound to collapse, so vision is required to turn dreams into reality.
Nexus of our judges with Generals so far in Pakistan had ruined the future of democracy in Pakistan. Nepotism, bribery, lawlessness, unmeritorious appointments at top slots and lack of respect for rule of law in an unjust society made life impossible for lay Pakistanis who are in millions and they have been looking towards a ‘messiah’ for years which never turned up to their door steps. If these dreams are to be translated in reality then calm and composed exposure and visionary orators must keep their heads high with their road map to the goal intact. Supreme Court Bar Association seminar would have been best served if the speakers had given road map to such destination which the lawyers are aiming for. Crucial topics such as appointment of judges via non political and unbiased commission, non controversial non political future lawyers who in the end become judges, politics free bar, training of lawyers and judges, and accountability of top judiciary, financial autonomy of Top judiciary, and protection of judges and separation of administration from judiciary coupled with safe guards of judiciary turning into another military style unbridled power were the questions which remained unanswered in that gathering.
If judiciary is to be made independent the process is not a days job, it can be achieved but not impossible and the main contribution is required from top national parties to adhere what lawyers say and top military brass to see if the time has come to lay off and allow the judiciary to function as a monitor which is its job. However, lawyers must not waste such opportunities to say what the nation desire instead of wasting the top slots in cheap slogans as media can not continuously cover such events which are futile in its results. Our non reconciliatory habits and unwise governance has turned our country into a ‘mud slinging’ crowd which is devoid of supreme national interest of the country and top intelligentsia whether lawyers or journalists and analysts, they all must try to separate chaff from grain at all times. The blame of one sheep may not be rightly attached to the herd if no visible legal authority and constitutional backing is available especially if those words harm the cause.
Its election year and only a fair and independent judiciary can guarantee holding of a fair election(s) in Pakistan. These elections can’t be held fairly if the judiciary consciously pave the way for wise manoeuvring and Govt of the day offers for a round table conference to have a dialogue based on equality where issues such as free elections, exit of military from national politics including Presidential elections, care taker set up and independent and powerful election commissioner and return of exiled leader and time frame is discussed.
I know for a fact that these steps may not be taken as 12th May massacre is still under investigation by the top Sindh judiciary and whole sale expulsion orders against Senior lawyer(s) of the Higher Courts of Pakistan, Journalist(s), Human Rights Commission members, from one Province in violation of the various articles including art15&25 of the Constitution of Pakistan 1973 are note worthy and tells the state of affairs in Pakistan. These steps will lessen the freedom of movement & press and liberty to all citizens and will promote regionalism and will destroy the very principle on which Pakistan was made. I feel that growing calls for contempt of court notices here and there must end here and nation must allow the court to give judgment in chief justice’s case if he is not restored by then, in that case the judgment in Chief Justice’s case is the only key which will open various boxes and one of which may bring the good news for the nation so lets wait and see and lawyers must think carefully which way to turn this struggle mind you ‘head butts’ can cause to lose the match.
Amjad Malik is a life member of Supreme Court Bar Association and & a Solicitor-Advocate of the Supreme Court (England) and chair of Association of Pakistani Lawyers (UK).
Dated: 31 May 2007
- Posted by valiantpk on 31/05/2007.
- valiantpk's site
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