Sunday, July 11, 2010

A Grim Mockery Of The Judiciary

Panicked by the apex court’s determination to pursue cases of corruption and misrule of the present regime, the rulers have launched a pre-emptive strike against the Chief Justice of Pakistan. Some of its key players including President Zardari and Awan are forgetting the basic fact that the issues regarding the judges restoration or those re-appointed under the “Naek formula” have already been settled, hence are not questionable.

Recently, some serious differences from the National Accountability Bureau (NAB) emerged in the Apex Court, when the “advocate on record” refused to sign a letter which attacked the judges, and NAB Prosecutor General Irfan Qadir backed off from placing his major objections before a three-member bench headed by Chief Justice Iftikhar Muhammad Chaudhry, hearing the Bank of Punjab case. The government’s latest attempt to scandalise and ridicule the superior judiciary by questioning the validity of the appointment of top judges of the country is part of the Presidency’s greater conspiracy to target the Chief Justice of Pakistan and harm the top judiciary.

“Ultaa Chor Kotwaal ko Daantay,” quite daringly in its reply to Chief Justice Iftikhar Mohammad Chaudhry, the NAB has questioned the CJ’s restoration in March last year through an executive order of Prime Minister by stating, “Neither order is countenanced by the Constitution nor the same has any other legitimate basis.”
The NAB’s reply to the Supreme Court in a multi billion Rupees Bank of Punjab corrupton case is not only contemptuous but is also flawed and filed by a person, Irfan Qadir, who along with the minister in-charge of the NAB Babar Awan is required to be questioned by NAB in the same fraud case.

Babar Awan, through the Prosecutor General NAB , has attempted to question the validity of the March 2009 restoration of the judges through an executive order issued by Prime Minister Gilani and openly targeted the Chief Justice of Pakistan. Whereas, contrary to the confusion being created by the government on this issue, the Supreme Court in its July 31, 2009 decision has already settled all such matters.

Sadly, inaction of government on the letter written by NAB against the top judiciary is tantamount to supporting the conspiracies being hatched against the Judiciary. PML (N) central spokesperson Ahsan Iqbal’s demand for clarification from the government about its position on the humiliating letter of NAB against the apex judiciary is quite genuine. “The government steps are threatening democracy and the govt should not try to take on the role of the Supreme Court.” The government must follow the court’s directions, the courts are being made controversial by the conspirators. The judiciary was reinstated with the power of the people and public representatives should respect the courts. Quite obviously, the government has been desperately attempting to bring the judiciary under its control.

When Baber Awan chartered a PAF aircraft to fly away on a mission of buying lawyers from the Tehsils and District Bars, it was immediately sensed as a big danger sign. The desperate Presidency is in need of “lawyers’ army” on their side to repulse judicial verdicts of Justice Chaudhry’s Court. Tons and tons of tax payers’ money was poured over hungry and greedy lawyers to buy them off and use them accordingly. Such an investment is the best tool for the Rulers in deed. Definitely, the buying spree is helpful to divide the legal fraternity. Though the strategy is in its initial stages, it has provided an additional encouragement to carry out the shameless mission.

Corruption is out of control, national sovereignty has been severely compromised and incompetence in high positions of authority has become intolerable, and many politicians with fake degrees are occupying the National and Provincial Assemblies. Naturally, the public patience is exhausting fast.

Enough is enough. In messy Pakistan, the story, “Ali Baba Aur Chaalis Chor” is not even worth mentioning any more as (sham) Democracy in Pakistan is on its revengeful course only completing its self disaster. Shamefully, a large number of federal and provincial legislatures are liable to lose their seats for defrauding the Election Commission and the whole Nation with false documents. On top of that Mr. Zardari has discouraged the verification of the fake degrees. Being an NRO beneficiary himself and holder of dual office contrary to the Law  Zardari’s own selection (so called election) is controversial. He has bypassed not just parliament but the cabinet too with the formation of the Core Committee, consisting of jail-mates and yes-men, where all major policy decisions are taken. He has set into motion his machinery to completely isolate the superior judiciary. Federal law minister has the exclusive expertise to ignore the constitution and the law in spirit.

Now with the election of Asma Jehangir as president of the Supreme Court Bar Association later this year, the final nail in the apex court's coffin will do the job as planned. Asma was decorated by Mr. Zardari on March 23 this year with the highest civilian award. She is bold and brave but with her irresponsible statements about the Supreme Court's judicial activism, especially siding with Zardari's camp regarding demised NRO, it is not difficult to figure out about their real agenda.

"It is not easy to defeat us. We have introduced such a political formula that even if we lose, we will be the winners, and if we win, so we will be the winners," said Zardari in Naudero recently. The president and his friend Zulfiqar Mirza have a charming way with words in their speech. It may or may not disturb their opponents, Allah SWT knows the best. Nevertheless, it is an utter disappointment that even after 18th amendment, Prime Minister Gilani remains confused, clueless and powerless. What a democracy?

It is strongly suggested, in future the credentials of all politicians, army officers, judges and government servants at any position should be properly scrutinised. But for the time being, let's not become a part of any conspiracy against democracy. Someone rightly said, “this is the 'system' some are so desperate to preserve. Patience is a virtue but even virtues have their limits. At this rate, pretty soon there will be neither a 'system' nor a country left to save.”

Since the masses are the political sovereign and the source of all legitimate political power, the ultimate remedial blue print rests in their hands. Collectively, they have to save the country from drowning deeper in corruption, incompetence, deception and all other ills. The judiciary is unable to correct all the wrongs without cooperation from the nation including the legal fraternity, the media, the public and the Executive. The nation has to learn fast how to go forward for the sake of progress and protecting the national interests. To achieve that goal there is a great need of political and democratic awareness along with a classless society. Leaders must be made accountable without any concessions and the people must go for blind justice.

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