Since the its inception of Pakistan, the country has gone back to the stone ages. As a citisen I can understand why the legislature, the executive and the law and order mechanism has failed us. The people at the helm of affairs are illiterate, corrupt and greedy. However until a few days ago, I used to think that the judiciary is the redeeming factor of this society. I thought that the restoration of Chief Justice Ifthikar Chaudary would set things right. However all is now lost and it would be no surprise if this country implodes like Somalia or some poor African state.
The judiciary in any society is supposed to be the guardian of liberty and justice. The courts are supposed to enforce the law and protect the fundamental rights of her people. However in Pakistan only a certain segment of the population can get justice, only a certain creed is above the law. The founding fathers who were all migrants from India whom we call “Mohajirs” gave up all on India for a free and democratic Pakistan. It wasn’t enough that our leaders were assassinated or defamed in the history of this nation. Now the courts including the Supreme Court have gone beyond the line of decency and normalcy. Whilst writing this article I came through some golden rules of the legal system of the English common law which is still a part of Pakistani legal system and thought.
“A judge never speaks, rather his orders and judgments speak volume.”
“ Justice is the Guardian of Liberty”
“Justice is blind and equal for all, her sword swings on the necks of the guilty not the innocent”
“A man should never be the judge, in his own cause or matter which concerns him in any matter whatsoever” also known as Rule against bias or the second key principle of Natural Justice.
However the contempt court notice issued to Altaf Husain under section 3 of Contempt of Court ordinance, 2003 read with Article 204 of the 1973 Constitution is void ab intio. The first reason is that all the above golden rules of the common law have been violated by issuance of such notice. The second thing is that politicians in the past and present from different parties have said worse and have even attacked the apex court. As a matter of fact in Punjab almost every day a Judicial Officer is attacked by litigants or lawyers. So where is the contempt of court then? Secondly why only the politicians and leaders of Sindh are facing the ax, what about the politicians of Punjab why are they above reproach or judicial contempt? Why is it that when the Sharif Brothers can pass quite degrading remarks against the judges of the apex court during their prior tenure the courts do not consider that contempt? But when a popularly elected personality makes a very simple and well reasoned request to the chief justice for redress of grievances of the people. Also at the same time he claims equality under the law and asks the courts all these profound questions, the courts issue a contempt notice why? Why is the Supreme Court living in a fool’s paradise, the judicial system of Pakistan is a goddamn mess, trails both civil and criminal take years to wind up and the appeals and references take way longer. The judiciary is one of the most corrupt institutions of this country, the judges do not help the people they just live from pay check and the off the record remuneration they receive. Hence when the poor man who cannot afford a good lawyer loses years of his life or some loved one for a crime they did not commit, Why no contempt of court in this case? Is that not contempt? The Chief Justice of Pakistan has shown that he is no longer an objective and fair person rather he is just biased and is working for the rightist agenda. Hence he has made a political party of the apex court.
Thus now I believe that Former president Pervez Musharf was absolutely correct in his assessment about CJP (Chief Justice Pakistan). Thus I believe that the people made the wrong choice this person is no longer fit to be a judge. The time is at hand to fix the broken judicial system by removing the corrupt judges from the top and then the bottom.