Original Articles

Judge gardi versus Wukla gardi – by Muhammad Amjad Rashid

For sale judges versus unruly lawyers in Lahore

WHAT IS JUDICIARY:
Judiciary is the group of unbiased persons who are qualified and experienced for the judgments of disputes and other problems in the state. Their duty is to see both side of the picture and all aspects of a rolling dispute, and then make judgments according to laws and regulations of the state.

IS JUDICIARY IN PAKISTAN UNBIASED:
It is very sad that judiciary never remained unbiased in Pakistan? From head of political parties till a poor person of Pakistan will tell us that the courts are corrupt. Many innocent people are sentenced to death, while their families are also sentenced to poverty by corrupt decisions of judges. While many sinful authorities are released with honor because they have money and authority to prove that “lie” is actual “true” and the “truth” is “wrong”.

SOME EXAMPLES OF FAMOUS UNBIASED DECISIONS:
1) Molvi Tameez ud Din Case.
2) The case about the murder of Hussain Shaheed Suharwardi.
3) The case about the removal of Khawaja Nazi mud Din Government.
4) The case about the wrong decision of Ayub Khan to enforce first martial law in Pakistan.
5) The case about Fatima Jinnah’s defeat in “selected basic democratic elections”.
6) The case about the rule of Yahiya Khan.
7) The case about Hamood ur Rehman commission report
8) The case about Bangladesh war. (Mukti & Bahni war).
9) The case about death sentence of Zulfiqar Ali Bhutto.
10) The case about ban on political parties, targeting specially PPP in Zia regime.
11) The case about Zia’s death. (The realities of the case were hidden from public of Pakistan).
12) The case about “Plane scheme”. (Nawaz Sharif did commitment with Musharraf and went abroad on the condition that he will not take part in politics for next 10 years from 2000 onwards).
13) All cases that were launched against Asif Ali Zardari & Benazir Bhutto on political bases. These cases were so long that Asif Ali Zardari remained in prisons for almost about 8 years without any single case proven on him. (If he gets “UMAR QAID” then he already has completed his “UMAR QAID” because the average time for a prisoner in this punishment is about 8 to 9 years, while all cases on him are wrong and he does not deserve for any “LIFE PRISON”.)

SOME CASES NOT JUDGED BY COURTS PURPOSELY:
1) Mehran bank scandals.
2) Iftikhar chaudhary’s son case about Mercedes cars and other facilities used in wrong purposes.
3) Ittifaq mills cases.
4) PCO no.1 case. (Although PCO 2 case was taken as priority by Iftikhar Chaudhary because he was only involved in PCO 1 not in PCO 2).
5) DSP Imran’s case which uttered truth about Sipah e Sahaba and terrorists linkages with Muslim League N.
6) Murder case of the son of Asghar Khan who was minister in Musharraf first 3 years.
7) Akbar Bugti Case.

WORST DECISION IN THE HISTORY OF PAKISTAN:
No doubt, that the “judicial murder” of Zulfiqar Ali Bhutto was the worst decision of our corrupt courts. After that decision U.S.A was able to use Pakistan against U.S.S.R and break into a Russia and many other states to fulfill its dream about making sole super power in the world. The disputes of Kashmir and Palestine were directly affected by that wrong decision. Himalayan mountains are truly weeping over his murder. Molvi Mushtaq, who was biased judge, who gave Bhutto death sentence, was died in worst condition. His funeral was attacked by dangerous bees and for about whole day his dead body was eaten by those poisonous bees and he was buried with great difficulty in Miani Saheb, Lahore.

BEST DECISION IN THE HISTORY OF PAKISTAN:
Unfortunately, there is not a single case that we can show to whole world as a testimony of our good decisions. When Iftikhar Chaudhary, at first, took a bold stance against the dictatorship of Musharraf, then it was felt that now our courts will change but when he was restored, he also followed his ancestor judges.

JUDICIAL DICTATORSHIP:
With the change in the global world, the scene of world is changing very rapidly. The “good” is changing its shapes and the “bad” is also trying to convert it into new faces. Dictatorship is the oldest dispute in whole world but especially in Asia. If we talk about our country, then more than 60% of rule was under military dictatorship, while other 40% government were also influenced by the army of Pakistan.
Establishment and civil servants are the 2 big babies of Pakistan Army Gens. Sikander Mirza, Ayub Khan, Yahiya Khan, Zia ul Haq & Parvez Musharraf are major dictators who ruled for many years in Pakistan. They ruined the system of Pakistan which resulted in poverty and disastrous situations in Pakistan.

Now the public of Pakistan has a deep hate in their hearts for army dictatorship. So the establishment’s new war is to bring judicial dictatorship in Pakistan in the lead of Iftikhar Chaudhary. That’s why courts are always targeting government, political parties and other people. Any person that has even a far from link with Pakistan People’s Party is targeted by supreme court of Pakistan, as PPP is the sole party in Pakistan which never supported any dictatorship in Pakistan. PPP leaders and workers have sacrificed their lives for the sake of democracy.

LAWYER:
A lawyer is that qualified person whose duty is to bring out the realities of any case. It is his moral duty to give the case realities and all relative things in front of the court. Then it is the duty of court to judge that what is true and what decision should be made.

LAWYERS’ MOVEMENTS:
Pakistani lawyers have launched many movements time by time. The founder of Pakistan, Quaid e Azam Muhammad Ali Jinnah was a lawyer himself. The grandfather (from maternal side) of President Asif Ali Zardari was the first Muslim lawyer of sub-continent, names Hassan Ali Afandi. He formed Sindh Mardissah tul Islam, in which many Muslim leaders studied including Muhammad Ali Jinnah. The role of Muslim lawyers was radical in the freedom movement of Pakistan.

After 1947, many lawyers’ movements were activated but the most famous lawyer’s movement is that which was launched against the dictatorship of Parvez Musharraf. The member of CEC PPP, Chaudhary Aitezaz Ahsan was the leader of this movement. Iftikhar Chaudhary was stored as CJ by great efforts of this movement. But when the mission of this movement was achieved, then this movement was finished.

LAWYERISM:
“Lawyerism” or “Wukula Gardi” is the new term defined by our private media specially GEO & EXPRESS. The establishment’s wish was to take lawyers movement in its hand and continue it against the democratic government of PPP after elections 2008, but the movement had achieved its goals that’s why majority of lawyers stood with democratic system. In this anger, the media and establishment then started to demoralize lawyers and presented them as rascals. After it, the lawyers again came into action and they pointed towards negative role of media and establishment. Ali Ahmad Kurd was the main personality who uttered his voice against negative game against democratic system and judicial dictatorship.

TUSSLE BETWEEN LAWYERS & JUDGES:
Since then, the tussle between judges and lawyers has started. The result of this tussle is that which we are witnessing in Lahore. Secretariat and Mall Road are daily closed by obstacles to stop lawyers which protest against bad decisions of judges. I myself have to travel on foot from M.A.O College to Governor House and then to Urdu Bazaar because obstacles were so tight that even a bicycle was not able to pass. That area is the heart of Lahore and millions of people got disturbed by the wrong acts of Punjab Police.

Many times, Punjab Police tortured lawyers very badly. That’s why on 2 October, 2010, lawyers decided to punish the extremist police. They attacked police and many policemen were beaten by lawyers. In the show of KAMRAN KHAN in GEO, he declared at 8:32 P.M on 1st October 2010, that the lawyers and judges have compromised on an agreement. He further claimed that government of PPP, especially Dr. Babar Awan was behind these quarrels because he distributed money in lawyer’s bars.

But it is very funny, that in less than 24 hours, the fight between lawyers and judges reached to its peak. Now Supreme Court is very worried as its dream of judicial dictatorship is now breathing its last. Many famous lawyers including CJ of Lahore High Court, Khawaja Sharif are now allowed to appear in markets and roads of Punjab. The situation is mishandled by police and courts because lawyers truly pointed towards careless attitudes of Civil & Session Judges. But this mishandling has resulted in lawyer’s objections on High Court & Supreme Court too.

While one thing is clear that Dr. Babar Awan distributed money in bars according to traditions of previous democratic governments. Liaqat Ali Khan, Zulfiqar Ali Bhutto, Benazir Bhutto and Nawaz Sharif had also distributed funds to law bars of Pakistan previously. So this is not a new thing. Supreme Court and Media should avoid criticizing negatively democratic government and CJ should do fair justice by keeping themselves unbiased. But the present situation is very poor. Let’s see! Where the wind blows!

“–MUAHMMAD AMJAD RASHID—“

About the author

Abdul Nishapuri

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  • Our history is replete with judicial transgressions and military interventions and implications of both still make one shivering. Judiciary too was not behind in participating politics. Judges of the superior courts along with the officials of the armed forces also take the oath with an additional requirement for armed forces personnel they are required to steer clear of political activities. But Judiciary never upheld the oath nor respected the constitution. I am Fed up to the back teeth by the word change through military intervention and pitting Judiciary against democracy. Please have a look on history before inviting another reprehensible change like past.