Judicial Dictatorship in lieu of Martial Law

Judicial Dictatorship in lieu of Martial Law

Many countries around the world have been forced to see an unpleasant transition from democracy to dictatorship and ultimately back to the will of the people again, i.e. democracy, but in Pakistan, the country seems to be headed towards a new set of challenges.

Getting rid of the rigid military boot was not easy but the civilian leadership and the people of Pakistan managed to get it done after years of support by the highest of institutions of this country, unfortunately with the judiciary playing the biggest role.

Pervez Musharraf was hopefully the last martial law administrator in the history of Pakistan that the world will see rise up from this region of the world, but it is definitely a tragedy to see that the fight against oppression and unquestionable power still continues.

This time, it is in the form of a black coat and a gavel in hand, the Chief Justice of Pakistan has declared outright judicial dictatorship in the country with his army of lawyers ready to spring up to any occasion unconditionally.

Surprisingly, in my personal experience, many lawyers – behind closed doors – term the restoration of the judiciary to have been a mistake they made and helped support because of it not having had any benefit whatsoever. The important cases dealing with the rights of people, the grievances of the suffering and such matters are not being taken up at all. But instead, the CJP, a former oath taker of a PCO himself, is focusing on how to annihilate any democratic essence which may arise from the growth-stunted institutions.

With the police and armed forces tired of being handed down threats by the dictator along with the dismissal of the country’s highest office holder every second day, the Chief Justice has without a doubt made a joke of the country’s constitution and the post of Prime Minister.

The duty of any court around the world is to interpret the constitution and any logical person can understand that interpretation would be required on any matter that is ambiguous in nature but Ifthikar Muhammad Chaudhry has gone to the extent of brining out new meanings of his own in every such situation and curtailing the powers of the country’s highest office bearers.

While avoiding his son’s case, which deals with bribery of millions of dollars by a local real estate tycoon, the CJP has continued to work the constitution to his benefit at every turn. Such examples are when he refused to obey to the President’s orders on the appointment of and elevation of judges by terming advice to be binding even though nowhere in the world is advice ever binding on the person taking it.

Next comes the contempt of court law, which basically does not even exist, but being used to the extent that a democratically elected Prime Minister was sent packing. The question arises to the fact that who can dispose of the chief justice now?

The saying, ‘absolute power corrupts’ is not there without reason, and in the case of the CJP and his recent statements that seem to be advising political parties on what they should be doing, many are now seeing what it really means.

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Posted by Syed Hassan Bokhari on Aug 6 2012. Filed under Editorial, Latest News, Opinion, Pakistan, Politics. You can follow any responses to this entry through the RSS 2.0. You can skip to the end and leave a response. Pinging is currently not allowed.