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mtgondal · #2 Thursday, May 31, 2007

Together we are

NAUMAN ASGHAR

Judiciary is a vital and the most important pillar in any modern state. This institution dispenses justice among citizens and protects their rights from being transgressed by their fellow beings and state authorities to boot. But judiciary can perform these functions only when it is independent.
Unfortunately we in Pakistan have failed miserably to ensure the independence of judiciary. Pakistan's chequered history is witness to the fact that executive had had an upper hand in its relationship with judiciary. In 1954, a Governor General dissolved the constituent assembly soon after the latter passed two important bills. One of these enactments was for the purpose of repealing PRODA (Public Representatives & Officers Disqualification Act) of 1949. The other enactment curtailed the undemocratic and arbitrary powers of Governor General which he had derived from the Government of India Act,1935,as adopted for Pakistan at the time of independence.
However, Governor General alleged in the proclamation that the constituent assembly had 'lost the confidence of people and can no longer function'. The president of the constituent assembly, Maulvi Tamizuddin Khan, challenged the proclamation in Sindh High Court. The latter gave verdict in Tamizuddin's favour. But the Federal Court frustrated SHC's effort to restrain executive authority by upholding Governor General's decision to dissolve the constituent assembly. Later on the apex court, the primordial duty of which is to keep the constitution intact, legitimised all military takeovers who have made a sterling contribution towards the welfare of the country!
The present judicial crisis is the result of an attempt to shake the tradition of judicial deference to the core. CJ Iftikhar Muhammad Chaudhry had started probing into sensitive issues. He had struck down the privatisation of Pakistan Steel Mills; taken up missing persons cases and was likely to investigate into the bungling of stock exchange.
So when CJ did not resign on his own, the government filed a reference against the latter and he was sent on forced leave. All the charges leveled against him are 'seemingly minor offences'. We find no substantive charge in the reference by any stretch of imagination. Kudos to legal fraternity, that has rightly felt that it is time not to squander the opportunity but this situation should be milked for all its worth.
The warm welcome that was accorded to CJ from Islamabad to Lahore on May 5, is an evidence of the people's enthusiasm to support CJ. Infact people are not supporting one person but they have thrown their weight behind the movement for ensuring the independence of judiciary and getting rid of another military ruler. CJ has played his role in inspiring the people to an extent where they would be able to float the present current, even if he is sidelined.
On May 12 CJ per schedule, went to Karachi for addressing SHC Bar Association. What happened on that day reminds of the' massive military crackdown on June 3 and 4,1989 in Tiananmen Square of Bejing, killing hundreds of peaceful protestors. On the one hand, CJ accompanied by his lawyers, was not allowed to go out of the airport and on the other hand, 40 people were killed and 100 were injured who tried to make an awe-inspiring display of support for the CJ. This day will be remembered as the darkest day in the history of Pakistan. Times are changing, petty politics and iron-fisted methods have failed to dampen people's resistance. We as a nation should stand together and support the legal fraternity in this struggle for seeking justice. We should praise the unity shown by the lawyers' community for preserving the dignity of the most prestigious institution of Pakistan.