Original Articles

Will it be Judicial Dictatorship in Pakistan? by Amjad Rashid

It is very difficult to build something but it is very easy to destruct it. In our Islamic history, we find that the age of the Prophet Muhammad (S.A.W.W) was 40 when he started spreading Islam. He was teased and tortured and it was hardest time for the Truth but he continued to build the infrastructure of Peace. He was compelled to live out of Makkah his own city and the city of Allah, which was most difficult thing to bear for him. At last he got success in his mission and he founded the first Islamic state in Medina but till, his age had been 63 years almost. So it took 23 precious years of his life to Build the Islam and it was day & night hard work of him and his followers.

So this demonstrates that success never comes in a single night. It comes with continuous hard work and struggle. It needs temperament, courage and cool mind. In the recent situation in Pakistan, the 18th amendment is the struggle of Pakistani political parties almost from October 1999 till APRIL 2010. It is almost 10 years of crucial time including about 9 years of dictatorship. Dictators always mishandled the constitution and made unnecessary changes in it. General Parvez Musharraf added very illogical and bad clauses in constitution of Pakistan for the sake of his Presidential seat. It was the demand of every person of Pakistan to remove these and other worse clauses from the constitution to make constitution pure.

So it was decided after great discussions to bring 18th amendment in constitution of Pakistan for purifying it and to bring back it in its original shape. Prime minister is given his full rights and resources in it. The ban for any person to become prime minister of Pakistan for 3rd time is also removed which was the demand of PML-N from a long time. The Khyber-Pakhtunkhwah is also another major success of 18th amendment which was the demand of Majority of Pakhtuns of formerly N.W.F.P. It is for the first time in Pakistan that Presidency has not restricted to give true rights of Prime Minister.

Now almost all big political parties of Pakistan have gathered on 18th amendment to make the system better then suddenly there is Judicial Conspiracy in the path of 18th amendment. It is true that CJ Iftikhar Chaudhary has done great against dictatorship and fought bravely for reviving judiciary in Pakistan but he should realize that now it is not dictatorship in Pakistan. The judiciary was not revived to destruct the system which has been now started by judiciary.

CJ Iftikhar Chaudhary is showing himself as a leader of Kings Party of Pakistan and other judges are showing like members of Kings Party. Justice Khawaja Sarif has recently made speech with his shaking right hand fist seeming to be a blow for political parties, saying that Iftikhar Chaudhary is his “Quaid” and he will never go against his “Quaid”. He further said with great passion (while passion is not the part of the character of any judge, especially it is very bad for the CJ High Court Punjab) that he only obeys his leader Iftikhar Chaudhary and he is only the “Employer” of “Iftikhar Chaudhary” and nothing else. This is clear that now judiciary is taking its part in politics of Pakistan and they are no more judges now, but they are Judicial Politicians now.

Now the image of Iftikhar Chaudhary is declining in general public of Pakistan because the common man of Pakistan is also feeling that it is not the “JUSTICE” it is politics. Judiciary has proved itself as a contender of government along with political parties, establishment, army and media. Iftikhar Chaudhary gave his decision on the issue of “Price of sugar” but it was only a decision. All judiciary including Chief Justice of S.C of Pakistan is quite on this issue because they are aware that how strong the Industrialists are in Pakistan! Mostly industrialists are in PML-N, PML-Q & PML-Hum Khayal. So it is clear that judiciary only wants to fight with PPP and its government because PPP took a time for restoring Iftikhar Chaudhary’s judiciary.

Asma Jahangir, Ali Ahmed Kurd, Aitzaz Ahsan and other icons of Pakistan have also mentioned about the chances of emerging Judicial Dictatorship in Pakistan which will be very bad for whole nation. Any judge should be un-biased, fair, committed only to JUSTICE and be free from political thinking. Iftikhar Chaudhary has said recently that “There should be justice in every condition no matter the SKY falls”. But judiciary should also realize that “The master in everything is no master” so Judiciary should try to be master in “Justice” not only in “Politics”.

About the author

Farhad Jarral

6 Comments

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  • Why u people are against justice( INSAAF)??
    Do you people want jungle law in Pakistan without any checks and balances??
    wtz wrong withy doing justice??
    If CJ wants the criminals to bring to justice, why are u against it?
    Tell me one single wrong with Honble CJ.
    You are against CJ because he
    1.quashed NRO
    2.investigated steel mill case
    3.wants enquiry to be done by Khosa
    4.investgated Punjab bank corruption case
    5.relieved jiala judges
    6.investgated missing persons case
    7.wants independent judiciary which has been curtailed in 18th ammendment.
    8.wants to bring wealth of poor Pakistanis present in swiss banks back 2 Pakistan.

    Wtz wrong with u people?.
    why dont u people understand?

  • @OOps
    This is not reply to my questions.
    Remember justice should be done even if sky falls. ALLAH loves justice( INSAAF).

  • We are not against “insaaf” but we are not in the support of “insaaf” of Qazi Shareeh which resulted in KARBALA.

    we don’t want “jungle law” in pakistan, but we want “law for all” in pakistan but here we see “law for only zardari” which we certainly don’t want.

    There is very much wrong with going justice. As justice should be free from politics but this justice is full of politics that is only for getting RULE on pakistan.

    CJ is himself a criminal who allowed Musharraf to rule pakistan for 9 years by PCO-1 which he took oath in 2000. So CJ should correct himself first. He is himself PCO judge. And this is major wrong with CJ.