Do you remember
Justice Cornelius, or Justice Kayani, or Justice Samdani? Or do you remember Justice Shahabuddin who lived and died with his wife and cut himself off from all society, friends or relatives, because he wanted not the slightest influence in his judgments? Or even Mr A K Brohi or Mr Manzoor Qadir? Probably not! Maybe some, very few, remember the days when people lived by the image of Quaid-e-Azam, believed in his values, and struggled to make a ‘nation’ and a country. These generations of people, along with their values, are extinct. Some of the distinguished jurists recalled here are amongst the few who did ‘justice’ and justice also ‘seemed to be done’. Such people who believed in human dignity and the role of justice have gone and so is the dream.
Now neither the Quaid is there nor is his message respected. Nor do we have the country that was dreamt and obtained after giving sacrifices of life, property, honour, and friendly surroundings. The painful fact is that today there is neither a nation nor the country of Jinnah. The deterioration of the justice system is at the core of this destruction.
The black coats, the black robes and the courtroom used to be symbols of honour. Today, these are symbols of hooliganism and street justice. The deterioration was going on for a long time but perhaps the little resistance that jurists are showing collapsed under the attack of the hooligan politicians of the Pakistan Muslim League-Nawaz when they mobbed and attacked the Supreme Court in Islamabad. If the Pakistan People’s Party had done such a thing it could be understood in the background of the sheer injustice done to Zulfiqar Ali Bhutto. But the attack was carried out by the violent activists of the Nawaz league who only wanted to send a clear message: ‘Submit or else…’ This legacy is in shameful ‘full bloom’ in every court in Pakistan where a case of political nature is presented. Other cases are said to be taken care of by the powers of corruption, intimidation and money.
The latest and very shameful example is continuing unchecked wherever the former president and chief of army staff, Syed Pervez Musharraf is presented. A fair treatment and application of true justice is something no honourable person will object to. Musharraf returned to Pakistan of his own volition, he declared that he would present himself in all cases filed against him and prove his innocence. He wanted to contest the elections and respect the democratic process. What happened afterwards? He was disqualified from contesting elections from all constituencies that he applied for. The basis of disqualification was quoted to be the cases under Article six of the constitution. These are cases that have not even been heard and even a trial has not started. Further, the only authority to file the treason case is the government of Pakistan and it has presently refused to be a complainant. The GOP has informed in writing the Supreme Court that it does not wish to do so and, instead, wants to concentrate on holding the elections. When there is no case then why has Musharraf been disqualified? Could it be vendetta? Are not the courts and the returning officers taking an extrajudicial action?
The scene at the Karachi courts was stunning. A group of black coats, probably supported by a political party, created scenes of aggression and shouting that were shameful even if held in a street. In Rawalpindi/Islamabad it was even worse. The Rawalpindi bar members known for their aggression and activism shouted, pushed, brick-batted and even tried to attack Musharraf when he came for a court hearing. He had to be saved by the security personnel. Is this how justice can be administered?
A judge who is known to be a political activist, had contested elections on a Muttahida Majlis-e-Amal ticket, and who earlier represented Maulana Aziz in the Laal Masjid case, added a terrorism clause and ordered Musharraf’s arrest! Otherwise Musharraf’s bail had to be confirmed according to the law.
A judge should and must have a conscience. If a judge looks at himself and finds the slightest prejudice he must not sit on the bench. Judges must remember the standards set by Islam. They need to remember that Hazrat Ali (RA) forgave a non-Muslim who had fought against Islam and could have been killed by him as he had abused Hazrat Ali, and the great man did not act against him because he felt killing him may have an element of motivation due to anger at his personal insult. While we are forgetting the traditions of Jinnah are we deteriorating to the extent of forgetting the values of our religion?
How many of those on the bench have not been under so-called arrest by Musharraf? They were mishandled but there was no order from Musharraf to do so. If there was such an order it should be presented in the court. Civil administration is known to commit excesses on its own. Is Musharraf responsible for everything that happened in the past? Only the judges who have an unbiased mind should hear the cases so justice can be done. Unfortunately, neither justice is being done nor does it ‘appear’ to be done. It is more like a street vendetta, reminding us of the Sialkot incident in the near past when two young innocent boys were beaten, killed, and their bodies were insulted by the maniacs in the crowd.
Judges must be different. They must rise beyond personal grudges or beliefs. They must honour their profession and legal traditions if this country has to have an iota of respect in the world. Can they rise to the occasion and not be subject to personal vendettas? This is the question that may decide if we are a fair society, a nation, or we live in a ‘jungle’.
The writer is the former CEO Pakistan National Council of the Arts; Chairman Fruit processing Industries; Chairman UNESCO Theatre Institute Pakistan; COO ‘ICTV’ USA, and currently, Senior Vice President APML (Central). He can be reached at [email protected]