‘Implication of recent events in Pakistan and Why British Lawyers should be concerned’
By: Amjad Malik MA, LLM
Pakistan emerged on the international scene in 1947 when British imperials left its colony leaving behind two separate states, India & Pakistan. Being a former colony most of the legal framework is based on English law in Pakistan. Over a million souls have settled in UK creating a unique relation between two countries and Britain is considered as second home for many ex patriots thus creating public interest in each other societies. However, Pakistan could not lift itself from ground due to death of its founder Lincoln’s Inn Barrister Mr. Jinnah, and poor infrastructure and lack of political and economic stability in early years. In 60 years of its life nearly 4 decades are covered by 4 military regimes and Parliament is still struggling with other institutions for its sovereignty. Pakistan Judiciary and Media both are fighting hard to come out of the strong grip of military rulers.
Britain in recent years have signed bilateral agreements & protocols to promote cooperation in various sectors in Pakistan. In particular in 2003 both judiciaries signed a Memorandum of Understanding to tackle child abduction and following visits of both members of top judiciary paved a way for better understanding for the sake of rule of law and justice in Pakistan. This interaction have also caused to promote infrastructure in legal industry especially to enhance professionalism and improve syllabus as only good lawyers in return can become good judges.
Then came 9 March 2007 when the Military ruler tried to subdue Pakistan’s Chief Justice Mr. Iftikhar Mohammed Chaudhary by filing a rare reference and stopped him from judicial work, incarcerated him and made him incommunicado along with his family without counsel. Lawyer fraternity stood up for him and that single judge on the street conquered the minds and hearts of Pakistani people and scores of people sided by the judge in dock. Even the Times newspaper wrote an editorial on March 14 with the title ‘Judicial Error’ asking General Mushraf to withdraw the reference and reinstate, quoting, “Good Generals know when to retreat.’
The writer wrote to General Pervez Musharraf on 12 March 2007 to consider withdrawing this reference as the procedure adopted gives rise to serious questions of procedural impropriety and the way CJ was handled created serious doubts whether Chief Justice can ever have a fair hearing if he is treated as guilty before even having a trial. The Chief Justice resorted to higher courts and petitioned for justice in his own court and on 20th July, Supreme Court bench of 13 top judges quashed the reference and restored the Chief Justice to his old position.
Recent events in Pakistan including Chief Justice’s dismissal, 12th May Massacre in commercial city of Karachi when Chief Justice was due to address Karachi Bar, military operation in Capital Islamabad in Red Mosque and a sharp increase in suicidal attacks in Pakistan give rise to serious questions of ever growing radicalisation threat in the society and ever widening gulf between liberals and theologians which affect UK too. I believe simple democracy with justice can solve half of the problems in Pakistan. In the whole power struggle the common man is suffering and middle class conservatives are loosing ground. The West must play its role to ensure free and fair elections in Pakistan under a credible care taker set up and a powerful election commissioner along with independent monitors. The sooner nuke armed Pakistan returns to normalcy the better it is for the rest of the world. This radicalisation may increase where military which lacks legitimacy runs the country by making certain compromises with the hardliners and only civilian set up can absorb those radical ideas by addressing political issues by a dialogue thus stopping it from spilling over & multiplication. Pakistan being front line state in War against Terrorism is a key country seeking attention of the West towards their claim of spreading true democracy in the world. Historic judgement of 20th July is a ‘turning point’ in the short history where the Pakistani rulers are on a cross road whether to move forward from here or run backwards and the Western World especially Britain’s role is very important to return its old colony towards military free democracy.
Amjad Malik is a Solicitor-Advocate of the Supreme Court (England) and a Chair of Association of Pakistani Lawyers (UK).
3 August 2007
- Posted by valiantpk on 16/08/2007.
- valiantpk's site
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