A PROSPEROUS PAKISTAN, THE DREAM OF EVERY PAKISTANI.----------FOR THEATTENTION OF PRESIDENT/PRIME MINISTER ,ISLAMIC REPUBLIC OF PAKISTAN ---------------------------------Refer to my submissions as an over view of 67 years of independence of Pakistan on 27th February,2014------------------SUBMISSION: Pick and choose policy of the Judiciary to deal with the pending cases as a tool to take revenge/give benefit to the privileged people/to gain cheap popularity and remain in electronic and print media.-----Irrespective of creed and sect, unanimous consensus on Karachi to be the Federal Capital & Urdu as the national language of the newly created democratic State of Pakistan on the world map with the zeal of living an independent life wth honor and dignity above all ethnic and sectarian variations by keeping ones faith & not interfering in others right of living, was given in 1947. But soon the dream to a blow from the judiciary , which instead of opting an independent status & setting an example for future, had become the part of the Govt. when Supreme Court of Pakistan justified the illegal & unconstitutional act of dissolving the constitutional & democratic Govt. of Khawaja Nazimuddin under the pressure of bureaucracy & those politicians, who not only succeeded in securing position in Govt. Functionary of their favorites ,but also seats in our legislative. This act of judiciary sparked the sense of deprivation in majority dominant East Pakistan province of their right in running Govt. affairs. The ruling elite & the judiciary did not realize the sensitive impact of this decision & continued giving legal certificates to illegal & unconstitutional dethroning of Govts. by Military rulrers &played a vital role in the instability of democratic process&unfair dispensing of justice to the people. The emergence of Pakistan Peoples Party from grass root level on a popular slogan Roti-Kapra & Makan of one of the Ex-Minister of the then Military ruler, posed a threat to the feudal lords of loosing their grip on their tenants , military of its share in Govt. and Judiciary in enjoying the more equal status in the Govt. But unluckily , continued deprivation of the rights of East Pakistanis in Govt. by the West Pakistani dominant military, bureaucracy & judiciary ,general elections of 1970 politically divided the two parts of Pakistan & the West Pakistani politicians did not accept the democratic rule of ruling right of majority party, which led to the separation of East wing as independent Bangladesh. On assuming power in remaining Pakistan, the Prime Minster Zulfiqar Ali Bhutto , having the proud of public support of the messes from the grass root level , for the first time in Pakistan to any politician,immediately sacked tens of senior Army Generals from the armed forces , nationalized private sector industries & in an attempt to have grip in bureaucracy , introduced the scheme of lateral entry in the civil services of Pakistan. This act on one hand produced hatred in armed forces & bureaucracy , who had now become of habitual of ruling the country , the fear in judiciary of being deprived of more equal status given by the the State functionaries to get desired judgements and the business community of loosing their industry. This act of snatching power from the claws of so far more powerful , forced the bureaucracy , military & judiciary to join hands together & started motivating the religious parties against the Govt. ruled by the liberal, Democratic Party believed in Live and let live at least in its manifesto. These intrigues succeeded against a democratically elected Prime Minister by the exploited masses in tha name of Islam & Govt. Was toppled by army General Zia-ul-Haq in 1977. Being a feudal lord, Zulfiqar Ali Bhutto was not supported by contemporary feudal lords, because he spoke of the right of tenant on the land being cultivated by him & right of labour in the shares of industry. Judiciary again supported the unconstitutional act, but went to the extreme of announcing death sentence to the elected but now detained Prime Minister by simple majority in a fake case filed against him during his tenure by out of turn picking it for hearing & he was hanged in 1979. The convicted Priime Ministers popularity among the masses was very well reflected in protests against his conviction especially Sind province. This unfortunate decision promoted the thinking of deprivation of right of Sindhis in State affairs & produced hatred among provinces & encouraged separation movements led by Nationalist( now not on the basis of religion as envisaged in 1947 ,but on the basis of ethnic entity) leaders. Since then our judiciary played open biased role victimizing PPP leadership & public figures associated with it to the extent of dismissing democratically elected Prime Minister, but gave relief to the political figures at its back by putting even their criminal cases to dormancy. Taking advantage of the psychology of the deprived Pakistani public, which is just satisfied when some Have is snubbed in public ,our Judiciary, for seeking cheap popularity in public & remain in media, did not hesitate to demoralize our armed forces by passing derogatory remarks against them for the steps taken for State security, while such actions are legally justified by Superior Courts in developed countries like USA, though they appear against human rights like tapping of telephone calls by security agencies or by detaining persons in jail in the name of State interest. To keep good will of lawyers community, not ti rise on any occasion against partial attitude of judiciary, they were given free hand of hooliganism in all walks of life like interfering in proceedings in Lower & High Courts, Govt. Offices especially dealing with income tax & even manhandling of law enforcing agencies & the clients present in the judicial premises & are made unaccountable. However, the licenses of the lawyers affiliations with PPP were suspended on petty issues & hearings for restorations differed for indefinite period. Selected vested justice by Judiciary on one hand & keeping its eye shut from the grave national issues like that of Baluchistan & Sind on the other has promoted ethnic hatred birth intra & inter provinces, which if not checked, God forbid, may not result in the sad replay of 1971.----------------SOLUTION: Time has not yet gone, civil society will have to come out of the drawing rooms to pressurize yeh ruling class to implement the following suggestions in order to develop a society based on justice to live dignified & respectable life as a nation( concept of 1947):-------------------------------------------(a) Cases should be fixed for hearing on first come first serve basis by putting a legislative ban on choose & pick policy by judiciary. However, exemption should be given only to these cases in which a complaint is lodged indicating embezzlement/fraud or receiving kick back in the award of contract by the Govt.------------------------------------------------(c)Unnecessary delay in proceeding & announcement of judgement due to non appearance of the counsel of any party should be discouraged. Ex-party decision in such cases should be given in specified period & the irresponsible conduct of such counsel should be referred to Judicial Council.---------------------(d) Judicial officers should be bound by legislation not to defer any case for more than three months.------------------------------(e)judges may be bound by legislation not to reserve any judgement for more than one month as Justice delayed-Justice denied.---------------------------------------------------------------(f) The judgement announced by the court should be executed in specified period, which should be mentioned in the judgement.-----------------------------------------------------------To put restrictions on the judiciary in dealing with the cases may appear against independence of Judiciary, but we should realize of ourselves of being the most eminent creation and named as human being , a social animal where independence should be within certain boundaries. Without any barrier ,independence of humans( may be in the form of judiciary) would not be different from independence of animals, wher a dog can bark on any person & a lion can target any weak animal comes in its way.
Posted on: Sat, 22 Mar 2014 23:19:15 +0000
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