REFORMS IN JUDICIARY
(shah Nawaz Bokhari, Rawalpindi)
What is going on in this state? The Review and Judgment Act is understood by the people of Pakistan why this act came into existence in this particular scenario. The five members bench was disqualified by the Mian Muhammad Nawaz Sherif and Jahangir Tareen but the new amendment in the Election Act and Review and Judgment Act has given relaxation to these two persons and hidden many future politicians. It is a ridiculous justification in the judgment and astonishing interpretation of Article 62(f) and Article 63 of the Constitution of Pakistan. The scrutiny of documents is not a joke and neither is judicial work. The constitution of Pakistan is giving judicial independence to the judiciary is a joke for Pakistanis. The political cases in Pakistan are political drama in Pakistan as well for the judiciary. The judicial victimization is continuing and never hopes to end in Pakistan until a revolution does not come in Pakistan. In my analysis, some provisions of the Constitution of Pakistan are dangerous for the future of Pakistan and need to be revoked.
The independence of the judiciary should be limited regarding the appointment of judges and lower judiciary. The elite class is dominating in Pakistan and controls whatever they want. That particular scenario is crucial to change and divert into a positive side. Every appointment of judges in the lower judiciary should qualify through the Federal Public Commission and the respective commissions of the provinces. The right of appointment of high court judges to lower judiciary needs to be abolished in the first stage. All future judges should be appointed through a commission exam only and independent in a judicial capacity and other rules as followed by a higher forum of judiciary i.e. high courts & supreme court practices etc. In the second stage, the constitution of Pakistan should be amended and rules for appointment of the higher judiciary through commission exam and qualified candidates selected for the position of judges and physical test is also essential for every judge. No judge should hire without passing from physical test. The appointment of elite class judges should be revoked and no judge will be appointed in direct or no role of stakeholder to inter affairs in the matter of appointments.
The amendment of the constitution is essential to stop this juncture and judicial victimization in the future. The rule of law is for everyone. The political cases are cause for judicial victimization and raise many questions regarding judicial decisions. Might is right, is prevailing in Pakistan. No power to stop this nonsense culture because the people of Pakistan are in sleeping mode and no one is trying to rise their voices against tarnished and cruel practices in societies. The criminal justice systems need to change according to standard patterns and follow the same.
The appointment of the Governor should be from a member of parliament and not try to influence or direct approach to influential personalities. Over and above, the rule of selecting members of the senate should direct election from respective constituencies. No senate members select through indirect participation nor do political parties select their representatives. It is an unfair and unjustified appointment of senate members in the constitution. The constitution needs to be amended according justice system and no one should try to influential or collude with higher officers etc. These types of practices should change and hope for a bright future for our generation. The constitution of Pakistan 1973 is made for the elite class and provides benefits forever for the elite class. The role of fundamental rights is a big drama for the Pakistanis and current political leadership is taking advantage of these horrible tactics i.e., Gas, petrol, Electricity, and daily accommodations. Similarly, the case of IMF is drama in Pakistan which will end through revolutionary steps and hidden forces. I hope for the best future for Pakistan.