Posts Tagged ‘Supreme Court’

CJ Iftikhar Case – A Historic Decisioin?

Monday, June 9, 2008

THIS POST IS MIGRATED FROM BLOGSPOT AND ORIGINALLY POSTED ON 29 Jul, 2007

Now a days, Pakistanis everywhere are celebrating recent Supreme Court (SC) decision where it has reinstated its Chief Justice (CJ). Many people consider this as an “historic decision”; not because it has restored chief justice but it went against “government” despite its efforts to influence (if there was any) the decision. I am quite confident in saying that we all would have been shelling out our anger on SC if the decision was opposite to what it is now.
In our 60 years history there are many court cases where the decision was made in favor of “government”; and almost all of those decisions are considered “influenced” by “government”; and they were. Knowing this and the current situation in Pakistan (and of Musharaf which he himself created), if the “government” decided not to “influence” the SC to get a favorable decision then, in my opinion, government decision is real historic decision as it never happened before in our history. On the other hand, if “government” tried (which they would have) to “influence” SC but failed then one would want to know why?

It’s a general understanding after decision on CJ case, that our Judiciary system has become so strong that it can not take any “influences”; and hence the celebration. However, our recent history (last ten years) doesn’t confirm this but it gives us examples which show that our judiciary is still not strong enough to handle these “influences”. In this case, one would wonder how govt. “influence” in CJ case didn’t work. Was there any other Influence out there bigger than govt.?

I think there was, and it was created by CJ himself. (Also, i would like to add here that I am not at all a supporter of Musharaf’s decision of sacking CJ.).

My layman understanding is that when a case is in court, defendant nor the plaintiff (or people directly involved in the case) can publicize the case in any way which may impact court’s decision. Knowing all this, CJ visited everywhere across Pakistan addressing Lawyers (and Public). (One of his visit cost us lives of innocent people in Karachi). He created humongous support for himself (and for case against him) across Pakistan. Huge support from lawyer community, political parties and public created bigger “influence” than govt. and decreasing support for Musharaf also helped this. As a result, a “historic decision” came and CJ won the case. Congratulations!!!!

Many would call it a “movement for Justice” and not for CJ’s “kursi” but I think CJ exploited the whole nation in the name of Justice. If it was a movement for Justice, CJ should have started it when CJ Saeed-u-Zaman Siddiqui was sent home after he refused to put a legal stamp on Musharaf’s “take-over” as Cheif Executive in 2000, OR when one of his predecessor (CJ Irshad Hassan) raised flag of “nazria-e-zaroorat” in favor of army take over, OR before he took oath under PCO (when many other Judges refused to do so), OR before he gave a decision (in favor of govt.) on a writ against 17th amendment allowing Musharaf to keep Uniform after 31 Dec 2004 but NOT after he was made dysfunctional. Why CJ Iftikhar did not start this “movement for Justice” when Supreme Court was attacked in 1997, when CJ Sajjad Ali Shah was made to leave and his own colleague judges turned against him?
I see all those qualities in CJ which our “good” politicians have. It makes me think if CJ will become another “savior” politician for Pakistani nation, if yes, then he will have to maintain his popularity till then. He has already become as popular as Bhutto or Nawaz Sharif was (or Musharaf was at one time). And to continue his popularity, I won’t be surprised if SC will keep taking notices of things which affect a common person and/or things which can decrease govt. popularity (which is already decreasing). I don’t think SC (and current CJ) will ever take any notice of those who are sucking Pakistan’s blood like leeches, it won’t take notice of those who are ruining our next generations, it won’t take notice who are brain-washing innocent people in the name of Islam to become fuel for their evil desires, it won’t take notice of those politicians who are fooling this nation for 60 years, it won’t take notice because all these issues are secondary for a common pakistani. Our rulers (both politicians and army) have done enough to make a common person to not think about anything except worrying about basic necessaties like food. So CJ will not take notice of anything which doesnt give him popularity among “awaam”. In coming days, we will see opposition will file cases against govt. and SC will give decision in their favor in weeks (if not days) and this all will happen in the name of Justice. Having said all this, if these notices are not for popularity, and are based on sincerity then I am right to assume that our Judiciary has dealt with all cases pending for years and now have enough time to take notices.

In near future, I dont see anything good happening to Pakistan and CJ Iftikhar would be one of the main reason for it.

Advertisements